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Forest of Dean District Council
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High Street
Coleford
Glos
GL16 8HG

Tel: 01594 810000
council@fdean.gov.uk

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The Forest of Dean District Council - Agenda for Standards Committee on Monday, 5th March, 2012, 2.00 pm

Agenda and minutes

Standards Committee
Monday, 5th March, 2012 2.00 pm

Venue: Council Chamber, Council Offices, Coleford. View directions

Contact: Linda Bowdler 

Items
No. Item

1.

Apologies

To receive apologies for absence.

Minutes:

Apologies were received from Richard Cockroft and Cllrs Paul Hiett, Brian Jones and Mary McGhee.

2.

Non-exempt minutes pdf icon PDF 76 KB

To confirm the non-exempt minutes of the meeting held on 12 December 2011.

Minutes:

The non-exempt minutes of the meeting held on 12 December 2011 were confirmed and signed as an accurate record.

3.

Urgent Business

The chairman to identify any items of urgent business.

Minutes:

The chairman identified no items of urgent business on this occasion.

4.

Declarations of Interest

To receive any declarations of interest in any matter to be discussed at the meeting.  Members and officers are requested to identify the nature of the interest and indicate whether it is personal or prejudicial.

Minutes:

No declarations of interest were made.

5.

The Localism Act 2011 and the Future Role of the Standards Committee pdf icon PDF 227 KB

Monitoring Officer, Marie Rosenthal, to present report LD.399 and the changes to the system of regulation of standards of conduct for members and co-opted members of the Council, in response to the introduction of the Localism Act 2011.

Minutes:

The Monitoring Officer presented report LD.399, reminding members of the workshop session held in January to discuss the changes to arrangements. Since that meeting the implementation date for the new arrangements had been changed to 1 July 2012 and she expressed the intention to take a report to the Annual Meeting of Full Council in May 2012.

 

Section 3 of the report

She commented that currently the Standards Committee was different from other council committees, in that it included independent and parish council members who had voting powers. She emphasised that the council would still have a statutory duty under the Localism Act, but could choose to retain a stand-alone Standards Committee or amalgamate it with the Audit Committee. She thought that arrangements should initially be for the committee to remain and she would take the views expressed at this meeting to the political group leaders.

 

The Monitoring Officer continued by saying that to have a joint Standards Committee with town and parish councils would need the agreement of all parishes and all district councillors, would be difficult to achieve and might not represent best value for money. She added that the national association of council solicitors ( ACSeS)  had received legal  advice from Clive Sheldon QC that it would not be permissible for existing independent members of the committee to become the Independent Person (IP) identified in the Act. Given that the council would still have a duty in overseeing standards for parish and town councils, she recommended that the new committee have co-opted parish council members. However the general rule was that co-opted members of a committee would not have voting rights unless expressly authorised by legislation.

 

Mike Jones believed that the arrangements would be a backward step, returning to a situation that had not worked at the time.

 

Cllr Horne asked for confirmation that it was entirely up to the council how it interpreted the Act in operating its committee and, if it so wished, it could decide to have voting parish council members and an independent chairman.

The Monitoring Officer replied that it might be possible, but separately the council would have to appoint the IP for consultation purposes. She would need to check to see if it was allowable to give voting powers to co-opted members.

 

Cllr Breeden agreed that there would be no point in attending meetings as a parish councillor with no vote.

 

Mike Jones believed that arrangements would be more workable and give greater independence with a broader base of elected members from across the county.

 

The Monitoring Officer reminded the committee of the 1 July deadline and suggested that consideration of a countywide committee be an issue for a later phase. She confirmed that in April 2012 Full Council had resolved to extend the terms of office for parish councillors and independent members by 12 months. If the committee agreed, she would ask for a further extension up to the end of current arrangements.

 

Section 4 of the report

The Monitoring  ...  view the full minutes text for item 5.

6.

Dispensations

To consider any dispensations since the last meeting.

Minutes:

The council had received no requests for dispensation since the previous meeting.

7.

Exempt business

TO CONSIDER, AND IF SO AGREED, TO RESOLVE that under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act

8.

Exempt minutes

To confirm the exempt minutes of the meeting held on 12 December 2011.

Minutes:

The exempt minutes of the meeting held on 12 December 2011 were confirmed and signed as an accurate record.

9.

Complaints and Investigations 2011/12

Monitoring Officer, Marie Rosenthal, to present report LD.400 and to update members on the handling of complaints since the register was last reported to the committee on 11 December 2011.

Minutes:

The Assistant Solicitor updated the committee on the register of complaints.

10.

Next Meeting

11 June 2012

Minutes:

Monday 11 June 2012 at 2.00pm unless advised otherwise.