Agenda and draft minutes

Standards Committee - Wednesday, 14th June, 2023 6.00 pm

Venue: Lees Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Constitutional Services 

Items
No. Item

1.

Apologies For Absence

Minutes:

Apologies for absence were received from Bushra Tabssum.

2.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

3.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

4.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

5.

Minutes of Previous Meeting pdf icon PDF 203 KB

The Minutes of the meeting of the Standards Committee held on 16th March 2023 are attached for approval.

Minutes:

RESOLVED that the minutes of the meeting held on 16 March 2023 be approved as a correct record.

 

6.

Standards Committee - Composition of Sub Committee pdf icon PDF 26 KB

To consider the composition of the sub-committee – not in strict proportionality under the Local Government and Housing Act 1989.

Minutes:

Consideration was given to a report of the Director of Legal Services which reminded the Committee of the Composition of the Standards Committee which are 5 Council Members, 2 Parish Councillors and 4 Independent Persons. The Committee was advised that Council has agreed that in order to ensure cross representation from the groups on the Committee, the composition of the Standards Sub Committee which deals with the determination of any referred complaints and hearings, will consist of three Members, one from each group on the Standards Committee. An Independent Person would be on the Sub Committee and if the matter related to a Parish Council, one parish councillor. The composition of the Sub Committee would not be in accordance with the strict proportionality rules under the Local Government and Housing Act 1989.

 

RESOLVED: That the Committee confirms the composition of the Sub-committee as detailed above.

7.

Standards Committee - Review of Member Code of Conduct pdf icon PDF 645 KB

To review the Code of Conduct.

Minutes:

Consideration was given to a report of the Director of Legal Services which requested Members to review the Members Code of Conduct and consider whether any recommendations or amendments are required and to note the general dispensations provided under delegations to participate and vote on setting the council tax or a precept under the Local Government Finance Act 1992 ( as amended from time to time and any superseding legislation ) and matters directly related to such decisions such as budget calculations and council tax reduction and discount schemes and allowances and indemnities given to members and continue and readopt the dispensations as appropriate to do so under section 33 of the Localism Act, for a period of 4 years.

 

The Committee was advised that the new code of conduct has been in place since September 2021, and it is appropriate for the Standards Committees to review annually the Code and make any recommendations to Council. The Code was last reviewed in July 2022. The Code was introduced arising from the Local Government Association developing a model code of conduct after extensive consultation with the sector as part of its work in supporting local government and is a template for Councils to use which can be amended locally. The code is outlined in the report and has been adopted by a number of local authorities.

 

In response to a query regarding the censure of Members, the Director of Legal Services reminded Members that since the Localism Act 2011, censure powers are limited.

 

The Director of Legal Services informed the Committee that training for Members has been provided and that further training will be put in place and made available.

 

After discussion it was suggested that Members of the Council be invited to attend a Code of Conduct refresher training session with a view to reminding Members of the Code Conduct and its principles and that Parish Councillors be invited to attend. Also that the Standards Committee be advised of Members attendance at the training.

 

RESOLVED: That

 

(i)            the Councillor Code of Conduct as detailed in the report be noted and no amendments are required;

 

(ii)          the general dispensations provided to participate and vote on setting the council tax or a precept under the Local Government Finance Act 1992 ( as amended from time to time and any superseding legislation ) and matters directly related to such decisions such as budget calculations and council tax reduction and discount schemes and allowances and indemnities given to members be readopted as dispensations as appropriate to do so under section 33 of the Localism Act 2011, for a period of 4 years be noted; and

 

(iii)         a Members Code of Conduct refresher training session be held with an invitation being extended to Parish Councillors and, a report be submitted to the Standards Committee on Members attendance at the session.