To receive apologies for absence.

Apologies were received from District Councillor Jane Horne.

To confirm the non-exempt minutes of the meeting held on 5 September 2011 (attached).

The minutes of the meeting on the 5 September 2011 were confirmed as a true record.

The chairman to identify any items of urgent business.

There were no urgent business.

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.

Independent member Mike Jones and District Councillor Maria Edey both declared personal interests on item 10.

To consider questions from members of the public in accordance with the Standards Committee published protocol.  To submit a question contact Democratic Services on 01594 812621 or email democratic.services@fdean.gov.uk .  All questions must be submitted in writing at least two working days prior to the meeting.

There were no public questions.

To agree the appointment of Neal Breeden of Littledean Parish Council to serve as Parish Council representative of the Standards Committee for a four year term.

The Monitoring Officer Marie Rosenthal informed the committee that she and the chairman Tony Elkington had recently met with Mr Neal Breeden of Littledean Parish Council. Mr Breeden had expressed an interest in serving on the Standards Committee as a Parish Council representative.  She further advised that Mr Breeden had met the credentials for the position of Parish Council Representative and therefore would like to recommend Mr Breeden to the Standards Committee.

The vice chairman Richard Cockroft, asked whether the four year term suggested was too long, bearing in mind that the Localism Act would probably change the position regarding parish council representatives on Standards.  After discussion it was agreed to make the appointment of up to four years.

RESOLVED TO:

Parish Councillor Neal Breeden be appointed to the Standards Committee as Parish Council for  a period of up to four years.

The Monitoring Officer to present report LD.336 and update members on the current status of the Localism Act 2011.

The Monitoring Officer Marie Rosenthal presented her report and updated the committee on the Localism Act 2011.  She advised that this was a significant piece of legislation and after much debate and many amendments especially in the House of Lords,the Localism Bill received Royal Assent on 15 November 2011, She referred to the Plain English guide to the Act that was attached to the agenda.

The Monitoring Officer Marie Rosenthal, advised that commencement dates for bringing the Act into force would be published over the next twelve months and that regulations would also have to be made to set out the details of changes and guidance was also expected.  The Standards for England would be abolished, local authorities would still have to have a Code of Conduct.   At the request of parish councils the district councils could recommend their Code of Conduct to town and parish councils.

The Monitoring Officer Marie Rosenthal, informed the committee that the Act would introduce two new types of interest pecuniary and interests other than pecuniary. Both types have to be registered with the council.  Regulations would be published setting out definitions of the interests in the New Year.  The Act would create new criminal offences relating to the registration of interests and participating in any discussion or vote where there was a pecuniary interest.  Offences would also be committed if a person provided false or misleading information in relation to interests.  Those offences could be punished by fine and/or disqualification from office for a period of up to five years.

Independent member John Harvey commented that he foresees problems if and when cases were dealt with through the courts.

Independent member Mike Jones said he had read through most of the Localism Act and believed that the committee was discussing the Act too prematurely.

Independent member Tony Elkington asked after assessing a complaint and the councillor was found guilty what would the punishment be under the new regime.

The Monitoring Officer Marie Rosenthal, replied most likely a censure.

Parish Council representative Mary McGhee asked when the Act is introduced who the parish council would complain to.

The Monitoring Officer Marie Rosenthal, replied that we would have to await the detail in the regulations.

District Councillor Paul Hiett believed that the Act would cause all sorts of problems, and it was much worse than when the Standards Board for England started.

Independent member Alan Robertson asked who would make the complaints to the CPS regarding not declaring interests etc.  He also enquired that at the last meeting it was agreed a working group would be set up to look at the future of the Standards Committee and believed that there was no reason to delay this.

The Monitoring Officer Marie Rosenthal, stated that a provisional date for a working party meeting had been set but then postponed until the Act and detailed regulations were available.  She also advised that it was not yet clear in the Act how prosecutions would be brought but believed that  ...  view the full minutes text for item 7.

To consider any dispensations received before the meeting.

There were no dispensations.

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

RESOLVED 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

The Monitoring Officer Marie Rosenthal, updated the committee on the two complaints she had referred to her from Assessment Sub Committees since the last committee meeting in September 2011.

RESOLVED

To note the report

The Monitoring Officer Marie Rosenthal updated the committee on the Register of Complaints.

RESOLVED

To note the Report and to request the Monitoring Officer review the notes published with referral notices on the council’s website.