Agenda and minutes

Standards Committee - Thursday, 24th March, 2016 13:00

Venue: Committee Rooms 2/3, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Andrew Rees  Senior Democratic Services Officer - Committees

Items
No. Item

130.

Welcome

Minutes:

The Vice-Chairperson welcomed Mr Jeff Baker who was attending his first meeting of the Committee.  He also acknowledged the contributions of Mary Powell and Brigitte Heller to the work of the Committee and in particular to Ms Powell in her role as Chair of the Committee.     

131.

Apologies for Absence

To receive apologies for absence from Members. 

Minutes:

None.

132.

Declarations of Interest

To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members’ Code of Conduct adopted by Council on 1 September 2008.

Minutes:

Councillor A Davies declared an interest in agenda item 5 – Amendments to Legislation as Clerk to St Brides Minor Community Council.      

133.

Approval of Minutes pdf icon PDF 50 KB

To receive for approval the Minutes of a meeting of the Standards Committee of 11 February 2016. 

Minutes:

RESOLVED:             That the minutes of the meeting of the Standards Committee of 11 February 2016 were approved as a true and accurate record.     

134.

Appointment of Chairperson pdf icon PDF 58 KB

Minutes:

The Monitoring Officer presented a report which sought nominations for the appointment of a Chairperson for the Standards Committee amongst the Independent Members.   

 

RESOLVED:             That Mr Clifford Jones be appointed Chairperson of the Standards Committee.       

135.

Amendments to Legislation pdf icon PDF 66 KB

Additional documents:

Minutes:

The Monitoring Officer reported on the Local Authorities (Model Code of Conduct) (Wales) (Amendment) Order 2016 and the Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 which are to come into force on 1 April 2016. 

 

He reported that the Local Authorities (Model Code of Conduct) (Wales) (Amendment) Order 2016 amends the Model Code of Conduct for local government Members in that the 2013 Act transferred responsibility for maintaining the register of interests of members of community councils from the Monitoring Officer of the principal local authority for the area to the ‘proper officer’ of each community council with effect from 1 May 2015.  He stated that a number of consequential amendments had been made to the Model Code of Conduct to reflect this change in relation to a community council replacing reference to a monitoring officer with reference to the proper officer of the community council.

 

The Monitoring Officer also reported that Paragraph 15 of the Model Code which dealt with the register of members’ interests is amended to clarify that any interest disclosed for the first time must be entered in the register.  He also stated that the obligation on a member to report a potential breach of the Code to the Public Services Ombudsman for Wales is omitted from the Code. He informed the Committee Paragraph 10(2)(b) of the Code had been omitted, in order to overcome unintended difficulties in the practical application of this paragraph in relation to the participation in business relating to constituency interests. 

 

The Monitoring Officer reported that the Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 amends three statutory instruments, namely the Standards Committees (Wales) Regulations 2001; the Local Government Investigations (Functions of Monitoring Officers and Standards Committee (Wales) Regulations 2001 and the Local Authorities (Grant of Dispensations) (Wales) Regulations 2001. 

 

An amendment In had been made in relation to the Standards Committees (Wales) Regulations 2001, which enables two or more relevant authorities to establish joint standards committee.  As a consequence of of the postponement of the 2016 local government elections, provision has been  made to enable a relevant authority to determine that local authority and community council members of its standards committee who are in place on 1 April 2016 may continue to serve until the next ordinary election in 2017.  In addition, the current four year restriction on the term of office of such a member is removed. 

 

He also informed the Committee that provision has been made to enable a standards committee to delay publications of agendas, records or information connected to its consideration of the report of a misconduct investigation until such time as the misconduct proceedings are concluded.  He stated that there was a presumption that misconduct hearings will be held in public, unless there are particular reasons for some or all of the proceedings being held in private.

 

The Monitoring Officer also reported that in relation to the Local Government Investigations (Functions of Monitoring Officers and Standards Committee  ...  view the full minutes text for item 135.

136.

Urgent Items

To consider any item(s) of business in respect of which notice has been given in

accordance with Rule 4 of the Council’s Procedure Rules, and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.

Minutes:

There were no urgent items.

137.

Exclusion of the Public

The Minutes and Report relating to the following items are not for publication as they contain exempt information as defined in Paragraph 12 of Part 4, and Paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007.

 

If following the application of the public interest test the Committee resolves pursuant to the Act to consider these items in private, the public will be excluded from the meeting during such consideration.

Minutes:

RESOLVED:                 That under Section 100A(4) of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, the public be excluded from the meeting during consideration of the following items of business, as the minutes and report contain exempt information as defined in Paragraph 12 of Part 4 of Schedule 12A and Paragraph 21 of Part 5 of Schedule 12A of the Act:-

 

Following the application of the public interest test it was resolved that pursuant to the provisions of the Act referred to above, to consider the under-mentioned items in private with the public being excluded from the meeting, as it would involve the disclosure to them of exempt information as stated above. 

138.

Approval of Exempt Minutes

To receive for approval the exempt minutes of the Standards Committee of 11 February 2016.    

139.

Shortlisting of Candidates for the Position of Independent Member on the Standards Committee