Minutes of the meeting held on 20 November 2006

Present:

• The Right Worshipful The Lord Mayor Councillor David Sandiford - In the Chair
• Councillors Burns and Carroll.
• Mrs E. Carmichael and Mr J. A. Snadden - independent members

ST/06/18 Minutes

Decision

To approve as a correct record the Minutes of the meeting held on 11 September 2006.

ST/06/19 Local Government White Paper

A report of the City Solicitor was submitted on the main elements of the White Paper that related to ethical standards.

Members welcomed the formalisation of the proposals for the direct reference of complaints for investigation and consideration by local authorities and amendments to the Code of Conduct that would restore the rights of members to represent and champion the interests of their constituents in licensing and planning matters. Concerns were registered about the tight timescales within which Standards Committees and local authorities would have to respond to the consultation in relation to these changes and it was suggested that a special meeting may be required for this purpose.

A member suggested that there was a degree of misplaced optimism that all of these things could be in place by May 2007 but he nonetheless welcomed the fact that ministers had listened to the representations previously made by councillors about the importance of their representational role in relation to local planning and licensing issues and that there was now an acceptance that the existing restrictions were unsatisfactory.

Members also suggested that there was a need to have a broad measure of agreement in relation to process at AGMA level to ensure that there was local parity of approach.

Decision

To note the report and if necessary to agree to a special meeting being convened to enable the Committee to respond to the consultations within the timetable that is defined.

ST/06/20 Monitoring Report

The Committee considered a report of the City Solicitor regarding the number of complaints and allegations (19) made to the Standards Board that councillors had breached the Council's Code of Conduct since it came into force in April 2002. The Committee was invited to consider the format in which it wished to receive future monitoring reports. Members indicated that it would be useful to have information that categorised the types of complaint involved whilst retaining the anonymity of the members concerned

Commenting that 16 of the 19 cases had not merited investigation by the Standards Board members were concerned that the release of information to the press by complainants simultaneous with the referral to the Board placed individual members in an invidious position given that the member being complained of would receive no direct notification of the complaint or its nature from the Standards Board at that stage. It was suggested that a voluntary agreement should be explored with the editors of local newspapers not to publish any details until such time as the Standards Board had decided that a formal investigation was appropriate. The position when the new local system was introduced would depend on regulations to be made at the time and the City Solicitor would report subsequently on this.

Members also gave consideration to the resource considerations involved in ensuring that any investigations were conducted in a timely way and the City Solicitor confirmed that she was giving consideration to the mechanisms that would be necessary to achieve this.

Decision

To note the report and to request the City Solicitor to attempt to categorise the complaints received for the purposes of future reporting so that the Committee can better identify any emerging trends or the need for specific member training whilst retaining anonymity in relation to the individual members involved.

ST/06/21 Standards Board Fifth Annual Assembly

Members reported back on their attendance at the Assembly held in Birmingham in October.

Independent members indicated that they had found their attendance to be worthwhile in terms of essential information exchange in relation to impending changes and networking with others involved in the work of standards committees and ethical conduct issues. The announcement of the proposed changes to the National Code of Conduct was particularly welcomed though members had remaining concerns about some aspects of the mechanics of the transfer of responsibilities from the Standards Board to local authorities and would be scrutinising the details during the consultation round very carefully

A member suggested that the format and focus of future assemblies would need to change dramatically to reflect the new dynamics of local authorities' roles in the investigation process.

Decision

To note the reports from the Assembly.

ST/06/22 Independent Members Forum

The Committee received a report back on the most recent meeting of the Forum held in Wigan.

The development of the Forum had widened from its original 'Greater Manchester' roots and would now be styled the North West Independent Members Forum.

Consideration of the implications of a recent high profile legal case had highlighted the need to have greater clarity about the extent to which the ethical standards code extended to the private lives of councillors as well as their public lives and it was suggested that Ministers may seek to clarify this as part of the impending consultations on amendments to the National Code.

Independent Members commented favourably on the high level of cooperation that was evident at every level between the local authorities represented at the Forum.

Decision

To note the report of the Independent Members' Forum.

ST/06/23 Dispensations

The City Solicitor reported that a meeting of the Committee may be required in December to consider dispensations for members in relation to an item that was to be considered by the Personnel Committee and the Executive.

ST/06/24 Registers of Interest and Gifts and Hospitality

The Register of Interests and the Register of Gifts and Hospitality were submitted for examination by Members.