Archived decisions

Contact: Jeff Pattison, (01962) 847321

1. Summary

1.1. A report was presented to the Authority on 23 May 2001 concerning the Government's principles of conduct which should apply to members acting in a local government, including Fire Authority context. The Government has now issued Regulations which reflect the ten general principles of conduct reported to the meeting of the Authority on 23 May 2001.

1.2. The Authority at its meeting on 7 February 2001 also received a report from the Clerk on the constitution appointments and procedures for Standards Committees. That report referred to the Government's Consultation Paper on these arrangements and made representations to the Government, particularly about the numbers of Independent members who must be represented on the Standards Committee and a requirement that, if the Committee was constituted of more than four members, at least two Independent members would need to be present throughout the whole course of the meeting.

1.3. The Government has now presented its final proposals on these matters and the Authority is asked to note these and also the action being taken to comply with the Regulations.

2. Standards Committees

2.1. As members will be aware, there is a requirement for the Authority to establish a Standards Committee, the role of which will be to promote and maintain high standards of conduct in the Authority and to assist the Authority's members to observe the Authority's Code of Conduct. Also it is anticipated that the members' Code of Conduct will be issued by the Government in October 2001 and it will be the role of the Standards Committee to recommend its adoption to the Authority.

2.2. It needs to be noted, however, that although a Standards Committee needs to be established, it does not need to be a stand alone committee and the roles and responsibilities of it can be assimilated into another committee if to do so would achieve more efficiency and effectiveness. However, it is suggested that the most effective way to achieve the aims of a Standards Committee would be to have a small stand alone committee comprising senior members with wide experience of public administration. A committee of seven could be constituted comprising five members (3 Conservative, 1 Liberal Democrat, 1 Labour) and two independent members.

3. Mandatory Rules for the establishment of Standards Committees

3.1. The Relevant Authorities (Standards Committee) Regulations 2001 came into force on 28 August 2001 and require Standards Committees to be established in accordance with rules contained within the Regulations.

3.2. The Standards Committee Regulations require the Standards Committee, where it has more than three members, to be constituted with at least 25% who are Independent members. The Regulations then go on to say that a person may not be appointed as an Independent member of a Standards Committee unless the appointment is:-

(a) approved by the majority of the members of the Authority;

(b) advertised in one or more newspapers circulating in the area of the
Authority;

(c) of a person who has submitted an application to the Authority;

(d) of a person who has not within a period of five years immediately
preceding the date of the appointment been a member or officer of the
Authority; and

(e) of a person who is not a relative or close friend of a member or officer
of the Authority.

3.3. It is suggested therefore that the Clerk to the Authority should be asked to place an appropriate advertisement in a newspaper circulating in the area of the Authority asking for any interested people to submit applications to him. Once those applications have been received it is suggested that a small group of members should, if necessary, select a shortlist and then interview the short listed candidates. The Selection Panel should be politically proportional and therefore constituted of three Conservatives, one Liberal Democrat and one Labour member.

3.4. The recommendations of the Selection Panel will then be forwarded to the full Authority for their decision as to whether or not to appoint the Independent members recommended.

3.5. The Authority is therefore asked to appoint the five members of the Selection Panel.

4. Validity of Proceedings of Standards Committee

4.1. It was a serious criticism of the Government's previous proposals that, for the proceedings of a Standards Committee to be valid, there would need to be present throughout the whole of the meeting at least two independent members. The report to the Authority meeting on 7 February identified a range of difficulties that might be caused should this requirement be imposed. It is therefore gratifying that the Government has listened to the observations of the Authority and, no doubt, many other Fire and local authorities, and amended this provision. The Government now require, for the Standards Committee to be quorate, at least three members to be present, including at least one independent member. The Government further propose that where that independent member cannot take part in the proceedings because of a contravention of the Code of Conduct, then the requirement for at least one independent member to be present for the proceedings to be quorate does not apply.

5. Conclusion

5.1. This report informs the Authority that the General Principles of Local Government Conduct have now been enacted by the Government and that these reflect the provisions previously reported to the Authority at its meeting in May 2001.

5.2. The report also indicates the provisions which the Government have enacted with regard to the composition and procedures for the appointment of independent members to the Standards Committee. The report indicates how these provisions should be put into effect.

6. European Convention on Human Rights Act 1998

6.1. The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998.

Recommendations

1. That the Clerk to the Authority advertise for expressions of interest from the public interested in becoming independent members of the Authority's

Standards Committee in a local newspaper circulating within the area of the Authority.

2. That the Authority identify five members (three Conservatives, one Liberal Democrat, one Labour) for appointment to a Selection Panel to oversee the appointment of independent members to the Authority and for that Panel to make recommendations to a future meeting of the Authority.

3. That the Authority agree to the establishment of a Standards Committee comprising five members (3 Conservative, 1 Liberal Democrat, 1 Labour) and 2 independent members and the Clerk present a report to a future meeting of the Authority concerning all necessary details.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

N.B. The list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act

None