Agenda item

The Town Clerk and Corporate Director of Resources submits a report seeking the views of the Committee on its future size, composition and Terms of Reference in the light of Standards Committees’ new responsibilities in the ethical framework, including arising from the Local Government and Public Involvement in Health Act 2007, and the initial feedback from the Comprehensive Performance Assessment (CPA).

The Town Clerk and Corporate Director of Resource submitted a report seeking the views of the Committee on its future size, composition and Terms of Reference in the light of the Standards Committee’s new responsibilities in the ethical framework.  Including matters arising from the Local Government and Public Involvement in Health Act 2007, and the initial feedback from the Comprehensive Performance Assessment (CPA).

The Chair discussed the issues presented in the report and the relevance to the Committee.  She noted that the composition of the Committee needed to be considered in that the presence of Senior Councillors could have a detrimental effect in the eyes of the public.  In addition there might be a need to increase the membership to account for the increased workload of members complaints, which might not be compatible with a mix of experiences.  She reported that she had discussed this matter with the Inspectors who had conducted the Authority’s Comprehensive Performance Assessment and Standards Chairs from other areas.  The feedback was that it was not wise to have senior Members on the Committee, as they were concerned that senior members were more likely to have complaints against them and it could been seen by the public as a mechanism for control.  However, the Chair felt that there were also advantages to having Senior Members as they were more experienced in the workings of the Council and it had not been found in Leicester that many complaints had been made.

Charles Poole, Service Director Resources, noted that the law stated that the Lord Mayor was not allowed to sit on the Committee and that only one Cabinet Member was permitted.

A Member of the Committee expressed concern that the Committee had not been briefed of this at the previous meeting.  In response it was noted that the issue had not arisen at that time.

Members discussed the options available and noted that there were advantages and disadvantages to having inexperienced Members on the committee.  Concern was expressed over the disadvantages as the new Members might have difficulty in participating in complaint cases due to lack of experience and understanding of the Council’s functions.  It was also felt that these Members would not have the same influence over their political group.

Members disagreed with some of the concepts  in that high profile Members in Leicester were not generally complained about more.  In response it was noted that this had related to public perceptions of the workings of the Committee with the aim to try and eliminate bias.

Members felt that with the existing membership  it could be seen that the Council was taking its Standards role seriously and they were aware of discipline issues within groups.  The Committee discussed the importance of maintaining links with the existing members to offer assistance with their experience and authority over the Groups.  The Chair noted that once the new committee was established if it did not work it could be reviewed.

A Member of the Committee explained the difficulty within his party to find Members for this role, as most were very long standing and all but one had previously been a Cabinet Member.  Members also explained that each party appointed members to committees through applications by individual members.  They expressed concern on how Members would be selected and that the criteria would need to be specific for defining what a ‘senior Member’ was.  It was requested that this issue be discussed at Whips for an input.

Members accepted that the advantage to the new Members would be that they could be trained on the new code along with the Independent Members, and would not take forward the older format.  It was felt that with adequate training the committee would then have a chance to develop.

The Committee accepted that the membership needed to be increased to allow for hearings and appeals from different Members.  It was suggested that this be increased to either 6 or 7, which would depend on the capacity of the Green Members.  The composition of the membership could therefore contain 2 Conservatives, 2 Labour, 2 Liberal Democrats and 1 Green Councillor.  It was suggested that a report would go to Council for a decision on the Committee size, composition and request that the terms of reference be changed to allow the committee powers to create their own sub-committee.

The three Councillor Members expressed disappointment on not being able to continue on the Committee, however felt that following the report this action had to be taken.  Independent Members acknowledged the Members disappointment and expressed regret at losing them from the Committee.

RESOLVED:

(1)   that it be suggested to Council that senior members withdraw from the Standards Committee to be replaced with new Members.

(2)   that Officers be requested to prepare a report for Council requesting a change to the terms of reference to allow the Standards Committee to arrange their own sub-committees and to increase their membership and composition as stated above.

(3)   that Group Whips be requested to consider the membership of the Standards Committee.

(4) that the report be noted.