Agenda and minutes

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

Members were requested to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applied to them.

No declarations were made.

The Committee is asked to note the Membership of the Committee for 2005/06 as appointed by Annual Council on 19 May as follows:-

Independent Members (2)

Mrs Caroline Roberts

Vacancy

Elected Members (3)

Councillors Coley, O’Brien and Sood

Chair

One of the Independent Members to Chair each meeting

The Town Clerk reported that there was currently an Independent Member vacancy on the Committee, following the resignation of Ms. Jill Bellingham. It was further reported that the current term of office of the Independent Members was due to expire during 2005 and that a recruitment exercise would take place later in the year.

RESOLVED:

That, subject to the comments regarding the Independent Members reported by the Town Clerk, the membership of the Committee for 2005/06, as set out below, be noted: -

Councillor Coley

Councillor O’Brien

Councillor Mrs. Sood

Mrs. Caroline Roberts(Independent Member)

(One Independent Member Vacancy)

The Committee is asked to approve the following dates for meetings of the Committee in 2005/06:-

Wednesday 28 September 2005

Wednesday 23 November 2005

Wednesday 25 January 2006

Wednesday 29 March 2006

All meetings to start at 5.30 pm.

RESOLVED:

that the dates of meetings of the Committee for the remainder of the year 2005/06, as set out below, be approved: -

Wednesday 21 September 2005

Wednesday 23 November 2005

Wednesday 25 January 2006

Wednesday 29 March 2006

All meetings to start at 5.30 pm.

The Committee is asked to note its terms of reference as agreed by the Annual Council on 19 May and attached at Appendix A.

RESOLVED:

that the Terms of Reference of the Committee, as circulated with the Agenda, be noted.

The minutes of  the Standards Committee held on 24 November 2004 are attached and the Committee is asked to approve them as a correct record.

RESOLVED:

that the Minutes of the meeting held on 30 November 2004, copies of which had been circulated to Members, be received, taken as read, and signed by the Chair as a correct record.

The Town Clerk submits a report which seeks the Committee’s views on the Standards Board for England Consultation relating to the Code of Conduct for Members.

The full Consultation document is attached for Members of the Committee and relevant officers only.  Further copies are available on the Internet at www.leicester.gov.uk or from Committee Services on 0116 252 6028.

The Town Clerk and Corporate Director of Resources, Access and Diversity submitted a report that sought the views and input of the Committee on the Standards Board for England Consultation document relating to the Code of Conduct for Members.

It was reported that since the Code of Conduct for Members had been introduced some three years ago legislative and other processes had been introduced to bring the Code into full effect. Following comments from various sources the Standards Board for England now felt that, in the light of practical experience, that it was time for the Code to be reviewed.

Members were informed that, within the consultation document, appended to the report, were a series of questions that required responses. Following discussions on the consultation document the Committee’s responses to the questions posed are set out below: -

(1)            Should the ten general principles be incorporated as a preamble to the Code of Conduct?

            Yes. Leicester City Council already incorporates the ten General Principles into its Political Conventions.

(2)       Are there any other principles which should be included in the Code of Conduct?

            No.

(3)       Is it appropriate to have a broad test for disrespect or should we seek to have a more defined statement?

            The broad test remains appropriate. Any specific allegations of disrespect then need to be contextualised within that broad test, having regard to all the circumstances and having regard to the local context.

(4)            Should the Code of Conduct include a specific provision on bullying. If so, is the ACAS definition of bullying quoted in the full consultation paper appropriate for this?

            Yes, The ACAS definition would be appropriate, but it needs to be enhanced to cater for a single/one-off act of serious bullying.

(5)            Should the Code of Conduct contain an explicit public interest defence for who believe they have acted in the public interest by disclosing confidential information?

            No. As suggested, the public interest issue should be used as an argument in mitigation of a breach, rather than a specific defence.

            Associated guidance should draw to the attention of Members mechanisms for ‘whistle blowing’.

(6)       Do you think the Code of Conduct should cover only information which is in law ‘exempt’ or ‘confidential’, to make it clear that it would not be a breach to disclose any information that an authority had withheld unlawfully?

            No.

(7)            Should the provision relating to disrepute be limited to activities undertaken in a member’s official capacity or should it continue to apply to certain activities in a member’s private life?

            The test should be in relation to a Member’s role on the authority and whether or not the act or omission compromises either the reputation of the authority or the Member’s fitness to carry out their official duties, unless there is strong justification to determine otherwise.

(8)       If the latter, should it continue to be a broad provision or would you restrict it solely to criminal convictions and situations where criminal conduct has been acknowledged?

            It should continue  ...  view the full minutes text for item 6.

With the sanction of the Chair the following items were considered as items of urgent business on the grounds that the matters reported could not wait until the next meeting of the Committee: -

i)                    MONITORING OF COMPLAINTS AGAINST ELECTED MEMBERS

The Town Clerk and Corporate Director of Resources, Access and Diversity briefed Members on the current number and nature of complaints against Elected Members which had been referred to the Standards Board.

RESOLVED:

                that the report be noted.

ii)                  4^TH ANNUAL ASSEMBLY OF STANDARDS COMMITTEES

The Town Clerk and Corporate Director of Resources, Access and Diversity reported that the 4^th Annual Assembly of Standards Committees would be held on 5-6 September 2005 at the International Convention Centre, Birmingham. Any member of the Committee interested in attending were asked to contact the Service Director (Democratic Services).          

The Chair declared the meeting closed at 6.55 pm.