Agenda and minutes

Resolved

That Dr Sadie Reynolds be appointed Chairman for the remainder of the municipal year 2011/12.

Resolved

That Derek Bacon be appointed Vice-Chairman for the remainder of the municipal year 2011/12.

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting. 

There were no declarations of interest.

The Chairman to report on any requests to submit petitions or to address the meeting.

There were no petitions or requests to address the meeting.

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

There was no urgent business.

To confirm as a correct record the Minutes of the meeting of the Committee held on 21 March 2011.

The minutes of the meeting held on 21 March 2011 were agreed as a correct record and signed by the Chairman.

Report of Head of Law and Governance/Monitoring Officer

Summary

To enable the Committee to receive a summary of the provisions of the Localism Act 2011 in so far as they affect the standards regime, consider a number of issues with a view to formulating appropriate future recommendations to the May Council meeting and to agree to receive a further report at a future meeting when both a model code of conduct and details of the proposed legislation on Disclosable Pecuniary Interests are known in order to formulate a set of final recommendations to Council.

Recommendations

The Standards Committee is recommended to:

(1)               Consider the summary of the provisions of the Localism Act 2011 (“the Act”) that relate to the new standards regime set out below.

(2)               Consider the specific issues identified and determine a preliminary view of the Committee’s likely future recommendations to Council.

(3)               Agree to receive a further report at a subsequent meeting to consider and formulate a set of full and final recommendations to Council once a model code of conduct and the legislation relating to Disclosable Pecuniary Interests are available.

The Head of Law and Governance submitted a report which enabled the Committee to receive a summary of the provisions of the Localism Act 2011 in so far as they affect the standards regime, consider a number of issues with a view to formulating appropriate future recommendations to Council and agree to receive a further report at a future meeting when both a model code of conduct and details of the proposed legislation on Disclosable Pecuniary Interests were known in order to formulate a set of final recommendations to Council.

In introducing the report, the Head of Law and Governance explained that the Localism Act 2011 had received royal assent on 1 November 2011 and the changes to the standards regime were due to come into force on 1 July 2012. Under the Act the Council would remain under a statutory duty to promote and maintain high standards of conduct for elected and co-opted members and would continue to have responsibility for town/parish councils with regards to standards conduct and complaints.

The Committee was advised that all authorities would be required to have a Code of Conduct although they would have discretion about what was included within the Code. As yet no model codes were available although the Local Government Association was drafting one.

In response to Members’ comments about the possibility of adopting a similar Code of Conduct across Oxfordshire at all tiers of government, the Head of Law and Governance reported that Oxfordshire Monitoring Officers were seeking to develop a cross-county code. This would be particularly helpful for Councillors who were elected to serve on more than one authority.

The Head of Law and Governance advised the Committee that legislation on Member interests relating to pecuniary, non-pecuniary and Disclosable pecuniary interests had not yet been published. The Committee was therefore being asked to consider and form a preliminary view on seven key issues at this stage and agree final recommendations to Council at a future meeting once the legislation was available.  

Issue 1 – Nature and Composition of Member Body

The Head of Law and Governance advised the Committee that whilst the Localism Act repealed the provisions of the Local Government Act 2000 which provided for the existing mandatory Standards Committee, there would still be a need to deal with standards issues and case-work but local authorities had flexibility to determine their own arrangements.

The Committee recalled that at their meeting in March 2011, they had considered the proposals in the Localism Bill, and, in light of the information at that time, had taken the view that the Standards Committee should be abolished and the responsibilities transferred to the Accounts, Audit and Risk Committee.

In considering the options, the Committee noted that the provisions in the Act pertaining to Standards differed from the proposals in the Bill. In particular it would be mandatory to have a Code of Conduct and the district would retain responsibility for town and parish councils. Some Members of the Committee commented that at  ...  view the full minutes text for item 7.

The following items contain exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

1 – Information relating to any individual

2 – Information which is likely to reveal the identity of an individual

Members are reminded that whilst the following items have been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.

To note the Minutes of the Assessment Sub-Committee held on 15 September 2011.

The Minutes of the meeting of the Standards Assessment Sub-Committee held on 15 September 2011 were noted.

To note the Minutes of the Assessment Sub-Committee held on 10 November 2011.

The Minutes of the meeting of the Standards Assessment Sub-Committee held on 10 November 2011 were noted.

To note the Minutes of the Assessment Sub-Committee held on 21 December 2011.

The Minutes of the meeting of the Standards Assessment Sub-Committee held on 21 December 2011 were noted.