Public Document Pack Mid Devon District Council Standards Committee Wednesday, 14 March 2018 at 6.00 pm Exe Room, Phoenix House, Tiverton Next ordinary meeting Wednesday, 6 June 2018 at 6.00 pm Those attending are advised that this meeting will be recorded Membership Cllr Mrs J B Binks Cllr Mrs F J Colthorpe Cllr C J Eginton Cllr F J Rosamond Cllr Mrs E J Slade Cllr C R Slade Cllr Mrs M E Squires Cllr L D Taylor Cllr Mrs N Woollatt A G E N D A Members are reminded of the need to make declarations of interest prior to any discussion which may take place 1 APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of Substitute Members (if any). 2 DECLARATIONS OF INTEREST UNDER THE CODE OF CONDUCT Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest. 3 PUBLIC QUESTION TIME To receive any questions relating to items on the Agenda from members of the public and replies thereto. Note: A maximum of 30 minutes is allowed for this item. 4 MINUTES (Pages 5 - 10) Members to consider whether to approve the minutes of the last meeting as a correct record. 1 Committee Administrator: Julia Stuckey Tel: 01884 234209 Email: [email protected] This document is available on the Council's Website at: www.middevon.gov.uk 5 CHAIRMAN'S ANNOUNCEMENTS To receive any announcements the Chairman of the Committee may wish to make. 6 MOTION FROM COUNCIL (Pages 11 - 28) The following Motion has been forwarded from Council to the Standards Committee for consideration and to receive a report from the Monitoring Officer in connection with the motion and other issues. Motion 541 (Councillor Mrs J Roach – 30 November 2017) This Council reconsiders the time and times that it allows ward members to speak at the planning committee. The present system gives many opportunities to speak but allows the local member only one opportunity. At the very least Council should give elected Councillors the opportunity to correct incorrect statements, something that exists within standing orders but not allowed at the planning committee. At the last planning committee the situation that exists at the moment prevented me as the elected Councillor for Silverton for pointing out that the Highways advice was inconsistent with previous advice given on the same site. Please note: Having considered the above Motion the Policy Development Group are asked to consider whether this Motion should either be supported or rejected. This decision will be referred back to full Council on 25 April 2018. 7 MONITORING OFFICER UPDATE To receive an update from the Monitoring Officer. 8 EFFECTIVENESS OF SCRUTINY (Pages 29 - 92) At the request of the Scrutiny Committee to consider and review the conclusions and recommendations within the attached Government paper. The Chairman of the Scrutiny Committee has provided a personal view. 9 INTIMIDATION OF MEMBERS (Pages 93 - 180) The Committee to consider a review by the Committee on Standards in Public Life regarding ‘Intimidation in Public Life’. 10 COMPLAINTS To receive an update from the Monitoring Officer with regard to any on- going complaints being dealt with. During the discussion it may be necessary to consider passing the following resolution to protect the Members of District, Town and Parish Council’s being discussed. During discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt 2 Committee Administrator: Julia Stuckey Tel: 01884 234209 Email: [email protected] This document is available on the Council's Website at: www.middevon.gov.uk information in Schedule 12A to the Local Government Act 1972. The Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC RECOMMENDED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual 11 IDENTIFICATION OF ITEMS FOR THE NEXT MEETING Members are asked to note that the following items are already identified in the work programme for the next meeting: Monitoring Officers Annual Report to the Committee Complaints Stephen Walford Chief Executive Tuesday, 6 March 2018 Anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Member Services Officer in attendance so that all those present may be made aware that is happening. Members of the public may also use other forms of social media to report on proceedings at this meeting. Members of the public are welcome to attend the meeting and listen to discussion. Lift access the first floor of the building is available from the main ground floor entrance. Toilet facilities, with wheelchair access, are also available. There is time set aside at the beginning of the meeting to allow the public to ask questions. An induction loop operates to enhance sound for anyone wearing a hearing aid or using a transmitter. If you require any further information, or 3 Committee Administrator: Julia Stuckey Tel: 01884 234209 Email: [email protected] This document is available on the Council's Website at: www.middevon.gov.uk If you would like a copy of the Agenda in another format (for example in large print) please contact Julia Stuckey on: Tel: 01884 234209 E-Mail: [email protected] Public Wi-Fi is available in all meeting rooms. 4 Committee Administrator: Julia Stuckey Tel: 01884 234209 Email: [email protected] This document is available on the Council's Website at: www.middevon.gov.uk Public Document Pack Agenda Item 4 MID DEVON DISTRICT COUNCIL MINUTES of a MEETING of the STANDARDS COMMITTEE held on 18 October 2017 at 6.00 pm Present Councillors Mrs J B Binks (Chairman) Mrs F J Colthorpe, F J Rosamond, C R Slade, Mrs M E Squires, Mrs E J Slade and Mrs N Woollatt Apologies Councillor(s) L D Taylor and C J Eginton Also Present Officer(s): Kathryn Tebbey (Group Manager for Legal Services and Monitoring Officer), Sally Gabriel (Member Services Manager) and Julia Stuckey (Member Services Officer) 54 PUBLIC QUESTION TIME There were no questions from the members of the public present. 55 MINUTES The Minutes of the last meeting were approved as a true record and signed by the Chairman. 56 CHAIRMAN'S ANNOUNCEMENTS The Chairman thanked Members for their attendance and input at the recent Standards informal workshop, reminding them that there would be another session in January. 57 APOLOGIES AND SUBSTITUTE MEMBERS Apologies were received from Cllrs C J Eginton and L Taylor. 58 INDEPENDENT PERSONS The Monitoring Officer reminded Members that they had agreed at the last meeting to ask the Independent Persons to attend a selection of meetings, to sit at the back and observe, as a member of the public, to see how business was transacted. Unfortunately one of the Independent Persons (IP) had resigned from his post, due to other commitments. The requirement in law was to have one IP but it had been agreed that it was preferable to have two in case the IP was unable to assist due to other lack of availability or a conflict of interest. The officer informed Members that she would make enquiries with neighbouring authorities with regard to sharing. Mr Smith, IP, informed the Committee that he had attended a range of meetings, just sitting at the back as a member of the public, not looking for anything in particular but Standards Committee – 18 October 2017 Page 5 29 to see how the meeting went and how it may appear to a Member of the public. He had attended Full Council and Audit. Mr Smith informed the Committee that he intended to continue attending meetings. The IP reported that the meetings he attended had been well chaired, managed and interesting. He considered that from a public point of view Councillors behaved extremely well. He appreciated that each Councillor was an individual with their own strengths and weaknesses. He witnessed a well-argued debate with points from both sides and some persuasive points. Some points of view had been strongly held but he said he had nothing but praise for the way in which Councillors behaved and how the meetings had been chaired. He had observed that Audit was a short meeting with a reliance on officers for technical input but the Members had clearly ready the papers and made positive contributions.