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Copies of Reports Are Available in Large Print on Request LONDON BOROUGH OF SUTTON STANDARDS COMMITTEE WEDNESDAY, 21 JANUARY 2009 7.30 pm at the Civic Offices, St Nicholas Way, Sutton, SM1 1EA To all members of the Standards Committee:- Councillors: Tony Brett Young, Dave Callaghan, Terry Faulds, Abigail Lock and Jonathan Pritchard. Independent Members: Mr Paul Clough, Mr Anthony Hazeldine, Mr Majeed Khan, Miss Christine Moore and Mr Peter Struik. Substitutes: CouncillorsJoan Hartfield (Substitute), Janet Lowne (Substitute), Pamela Picknett (Substitute), Paul Scully (Substitute) and Sue Stears (Substitute). Paul Martin Chief Executive Civic Offices St Nicholas Way Sutton SM1 1EA 13 January 2009 Enquiries to: Peter Snow, Principal Committee Manager Tel: 020 8770 5119; fax: 020 8770 5404; e-mail: [email protected] Copies of reports are available in large print on request CIVIC OFFICES, SUTTON GROUND FLOOR MEETING ROOMS FIRE PRECAUTIONS If there is a FIRE in the building the fire alarm will sound continuously. Leave the building immediately by the most direct route, either back through reception or the fire exit into Lower Square. Take your coat and any bags with you. Assemble in the car park in front of the Holiday Inn. First Aid can be obtained from Civic Security in reception. Toilet Toilet Room 1 Toilet Toilet Reception Fire Room Room Room Exit Room 5 4 3 2 Fire Lower Square Exit Entrance Holiday Inn Car Park Reminder – Declaration of Interests Members should consider the following interests and whether they have any they should declare. Personal interests : Where it might reasonably be regarded that a matter will affect the well-being or financial position of you, a member of your family, any person with whom you have a close association, or any person or body with which you or they are involved or in which they have a relevant beneficial interest, to a greater extent than the majority of people affected by the decision. In this case you should declare the interest and state the nature of it. Personal and Prejudicial Interests : Where a personal interest is thought to be so significant that a member of the public, with knowledge of the facts, would consider it likely to prejudice the member’s judgment of the public interest. In this case you should declare the interest, state the nature of it, and leave the meeting room. Further information can be found in the Council's Code of Conduct. If you are in any doubt as to whether you have an interest you should seek advice before the Committee meeting from either Richard Shortman or Stephen Lawrence-Orumwense. If, during the course of the Committee meeting, you consider you may have an interest you should always declare it. PLEASE NOTE: Any decision taken at this meeting does not become definitive until 10am on the second working day following the meeting. Any four members of the Council may notify the Chief Executive by then if they require a decision to be reviewed. Please contact the Project Manager named on the Agenda frontsheet for further information. AGENDA 1. APOLOGIES FOR ABSENCE AND DECLARATION OF SUBSTITUTES 2. MINUTES (Pages 1 - 6) of the meeting held on 15 October 2008 (ENCLOSURE). 3. ASSESSMENT SUB-COMMITTEES (Pages 7 - 18) The decision notices in respect of the three complaints that have been considered recently at two meetings of the Assessment Sub-Committee are attached for information (ENCLOSURE). Members are invited to give any feedback on the process and procedures that were followed, but not the complaints themselves or the decisions reached. 4. STANDARDS BOARD FOR ENGLAND - BULLETIN NO. 41 (Pages 19 - 26) Members are asked to note the paragraphs in the Bulletin dealing with referral to the Monitoring Officer for alternative action, the regulations governing Adjudication panel hearings, and governance and partnerships. 5. LOCAL LEADERSHIP AND PUBLIC TRUST: OPENNESS AND ACCOUNTABILITY IN LOCAL AND LONDON GOVERNMENT (Pages 27 - 54) The Committee on Standards in Public Life has launched the above inquiry into local leadership, the exercise of power and how decisions are made, in the wake of the introduction of executive models of leadership in both local and London government. The Committee’s inquiry will assess how well the new arrangements reflect the requirements for openness and accountability in the seven principles of public life and what impact those changes have had on public trust and confidence in local and London government. The Committee has published a consultation paper (ENCLOSURE) which sets out a number of issues on which the Committee is inviting responses. The issues are summarised in Annex A at page 24 of the consultation paper. The consultation paper is also being considered by the Community Leadership Advisory Group on 13 January and their decision will be reported orally. It is RECOMMENDED that the Standards Committee consider any response they wish to make in respect of the issues set out in the consultation paper. 6. REVIEW OF THE CONSTITUTION Report of the Interim Executive Head of Legal and Democratic Services (ENCLOSURE). (to follow) 7. ANY URGENT BUSINESS, including that of members, brought forward at the direction of the Chair, who has approved the reason for urgency. Page 1 Agenda Item 2 Standards Committee 15 October 2008 STANDARDS COMMITTEE 15 October 2008 at 8.00 pm MEMBERS: Councillors Tony Brett Young, Dave Callaghan, Terry Faulds, Abigail Lock, Jonathan Pritchard, Mr Paul Clough, Mr Anthony Hazeldine, Miss Christine Moore and Mr Peter Struik. ABSENT: Mr Majeed Khan. 873. MINUTES The Minutes of the meeting held on 2 July 2008 were approved as a correct record, and signed by the Chair. 874. STANDARDS COMMITTEE COMPLAINTS PROCEDURE Further to Minute 607/08, the draft procedure for dealing with a complaint that a member had failed to comply with the Council’s Code of Conduct, incorporating the amendments agreed previously, was re-submitted for approval. A number of additional minor amendments to clarify the procedure had been proposed and were circulated. The changes in the procedure for dealing with complaints had been instigated as a result of legislation and, despite members’ concerns, it was believed that there would not be any adverse impact relating to diversity and equality issues. It was noted that a full equality impact assessment was not available and officers had concluded that one was not required. It was open to members to draw attention to any specific concerns. If experience indicated that further amendments were necessary then they could be incorporated. Resolved: That the draft procedure now submitted, incorporating the further amendments also submitted, be approved, subject to any minor textual changes and typographical corrections by the Interim Executive Head of Legal and Democratic Services to accommodate members’ subsequent concerns. 875. PROPOSED CHANGES TO THE CODE OF CONDUCT - CONSULTATION The Chair directed that this matter be brought forward as an urgent item because the closing date for comments was before the Committee’s next scheduled meeting. The current members’ Code of Conduct was set out in The Local Authorities (Model Code of Conduct) Order 2007 and had come into effect in May 2007. When the Code was introduced the Government had given an undertaking to review its effectiveness after it had been in operation for some time, and had now published a consultation paper. The consultation paper proposed that the Code be restructured to make it easier to understand by dividing it into two sections: one dealing with members’ conduct when acting in an official capacity and one dealing with their conduct in their non- official capacity. At present there were three paragraphs in the Code that applied to conduct in whatever capacity where it had led to a criminal conviction. They would remain but ‘criminal conviction’ and ‘official capacity’ would be defined, and would include convictions for criminal offences committed in a foreign country. The position regarding on-going criminal proceedings that affected an investigation would be clarified so that any investigation would cease until the criminal 815 Agenda Item 2 Page 2 Standards Committee 15 October 2008 proceedings had been concluded. There would be a time limit for giving a written undertaking to observe the new Code of Conduct. The existing ten ‘general principles’, first formulated by the Committee on Standards in Public Life, would be applied to conduct in an official capacity and a new eleventh principle – duty to abide by the law – would apply to conduct in a non-official capacity. Members considered each of the 12 questions in the consultation paper as follows:- Question 1: It was agreed that the Code of Conduct should apply to members’ conduct when acting in their non-official capacity. Question 2: Members were minded to concur with the proposed definition of ‘criminal offence’, but believed that it should include cautions, although they noted that, whilst cautions were now used for some very serious offences, they were also used for minor offences, some of which members would not want to be covered by the definition. They were also concerned that occasionally criminal offences were not pursued because of anticipated difficulties in securing a conviction. Question 3: Members concurred with the proposed definition of ‘official capacity’ for the purposes of the Code of Conduct. Question 4: Members agreed in principle that the Code should apply only where a criminal offence and conviction abroad would have been a criminal offence if committed in the United Kingdom, but had concerns about the difficulty in comparing and defining offences committed abroad with equivalent offences committed in the United Kingdom. Question 5: Members agreed that generally an investigation should not proceed until any criminal process had been completed, but they noted with some concern that that process could sometimes take a considerably long time, during which action could not be taken on a complaint.
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