ITEM 1

AT A MEETING of the STANDARDS COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 29 October 2001.

PRESENT:

Councillors: P.A. Pierce (Chairman); Mrs S.M. Glasspool, DL; A. Ludlow (deputising for Mrs E.S.M. Barron); W.H. Wheeler.

Also in attendance: Councillor T.K. Thornber, CBE; Councillor J.K. West.

1. MINUTES

The Minutes of the meeting of the former Standards and Procedures Sub-Committee held on 30 July 2001 were confirmed as a correct record and signed by the Chairman.

2. COUNCILLOR S. LEYLAND

The Chairman referred with great regret to the death on 23 October of Councillor S. Leyland, who had represented the Rowner Division of Gosport for a total of 24 years. Members stood in silent tribute to his memory.

3. CHAIRMAN'S STATEMENT

Councillor Pierce welcomed Members to the first meeting of the Standards Committee and gave a brief explanation of its primary role, to oversee, maintain and enhance high standards in public office. He referred to the Committee's main areas of interest - standards and procedures, and pointed out that the independent Members to be appointed to serve on the Committee would be able to vote on the former but not on the latter.

4. MEMBERS' ALLOWANCES - DTLR CONSULTATION PAPER

The Committee considered a report of the Chief Executive and County Treasurer (Item 2 in the Minute Book) proposing a response on the consultation paper issued by the Department for Transport, Local Government and the Regions (DTLR). The report also referred to arrangements for the appointment of the independent Remuneration Panel. Members reasserted the importance they attached to the County Council's retaining the freedom to pay travelling expenses based on actual costs incurred by Members, particularly in view of the long distances involved in a large county like Hampshire. They did not agree with travelling expenses being subsumed in the overall Members' allowance. With regard to the Fire and Rescue Authority, Members accepted that the Authority would want to set up its own scheme, but felt that the rates should have regard to the allowances paid in the three constituent authorities, both in the light of equity and potential financial impact.

RESOLVED:

(i) That the comments of the Chief Executive and County Treasurer in response to the Department for Transport, Local Government and the Regions Consultation Paper on Members' allowances, be endorsed on the basis set out in the report and amplified above, and that DTLR be advised of the amendments to the response already submitted to them.


(ii) That the following Members be appointed to serve on the reconvened panel to select and to the Council Members of the independent Remuneration Panel;

Councillor P.A. Pierce as Chairman of the Committee, Councillor Mrs S.M. Glasspool, Councillor W.H. Wheeler and a representative from the Liberal Democrat Group to be nominated;


(iii) and that a Member of the previous independent Panel be asked to act as Chairman of the new independent Remuneration Panel.


(iv) That the terms of reference of the new independent Remuneration Panel be as follows:

To review the operation of the County Council's existing Members' Allowances Scheme and rates of travelling expenses and to make recommendations.

5. MEMBERS' PENSIONS - DTLR CONSULTATION PAPER

The Committee considered a report of the County Treasurer (Item 3 in the Minute Book) proposing a response to the consultation paper issued by the Department for Transport, Local Government and the Regions (DTLR). Members were strongly of the view that the option to take part in a pension scheme should be open to all elected members, not just to Executive Members and those who acted as Chairmen of Policy Review Committees. They also felt there was a compelling logic in allowing such pension provision to extend up to age 75. They considered that the Local Government Pension Scheme might well not be the most appropriate for Members and that perhaps Stakeholder Pensions would more aptly meet their requirements.

RESOLVED:

That the Government's consultation proposals and the interim response set out in paragraph 4 of the report be noted and that, subject to any views expressed by the Pension Fund Panel on 30 October, the comments in paragraph 4 be reinforced to underline the importance which Members attached to the points set out above; and that DTLR be informed accordingly.

6. APPOINTMENT OF INDEPENDENT MEMBERS

The Committee considered a report of the Chief Executive (Item 4 in the Minute Book) on the appointment of independent Members to the Standards Committee.

RESOLVED:

That the following Members be appointed to serve on a Panel which would recommend to the County Council two persons to be appointed to the Standards Committee as independent Members:

Councillor P.A. Pierce (Chairman of the Committee)
Councillor Mrs S.M. Glasspool
Councillor W.H. Wheeler
Representative of the Liberal Democrat Group to be nominated

7. SUGGESTED AMENDMENTS TO THE CONSTITUTION

The Committee considered a report of the Head of Corporate and Legal Services (Item 5 in the Minute Book) suggesting amendments to the Constitution for recommendation to the Council.

RESOLVED:

That it be a RECOMMENDATION to the County Council

That the following changes be made to the Constitution

(i) Pension Fund Panel

Constitution to state explicitly that the Pension Fund Panel should be the Committee responsible for undertaking those functions identified in the pre-existing terms of reference, and that any references in the Constitution to this function being undertaken by Regulatory Committee B, be deleted.


(ii) Access to Information and Call-in

At Part 3:B of the Constitution to clarify paragraph 2.9 (iv), the words "if appropriate" be added at the end of the paragraph.


(iii) Policy Review

At Part 3:D of the Constitution, Paragraph 1.4 to be clarified to state that Co-opted Members of Policy Review Committees are non-voting; and to confirm that this provision is different from that relating to the Education Policy Review Committee's Co-opted Members referred to in paragraph 1.5 (a), (b), and (c) only who do have voting rights.


(iv) Nomenclature

All references to "Executive Member for Recreation, Heritage and Culture" and "Policy Review Committee for Recreation, Heritage and Culture" be amended in each case by the deletion of the words "and Culture".


(v) Protocol for Member/Officer Relations

To make explicit Members' responsibility for the proper use of equipment supplied to them, the following wording be added to paragraph 3.2 of the Protocol found at Part 4:3 of the Constitution:

"Any such equipment provided by the Council, such as personal computers, must however only be used in accordance with any Council policies which apply at the time. Furthermore the Member will be fully responsible for the use or misuse of the equipment, including any use or misuse by anyone to whom the Member has given access to the equipment".


(vi) Area based Committees and Panels

Part 1, Chapter 10, paragraph 10.2 to be expanded to add "In and Around North Hampshire" to the list of statutory Joint Committees.


(vii) Appointments to Committees, Sub-Committees, Panels and Outside Bodies

In order to fill vacancies promptly without having to wait for a County Council meeting, Part 2, Chapter 1, new paragraphs 16 and 17 to be added as follows:

Function	Decision making Body	Taking the Decision	Delegation of Functions
16. Appointments to Committees etc. of the Council to which proportionality rules apply	Council	Council Members	Chief Executive
17. Appointments to Outside Bodies	Council	Executive Member (in consultation with Minority Group Spokesmen)	Chief Executive

(viii) River Hamble

Part 1: Chapter 4, paragraph 4.01 (f), draft terms of reference and details of the organisations to be represented on the River Hamble Advisory Committee (as set out in the Appendix to these Minutes).
Part 2 of the Constitution be amended to state that the functions of the Council as Harbour Authority (to the extent that these are not functions under local Acts, which are already allocated to the Executive) are the responsibility of the Executive, acting collectively or individually, with delegation of functions to the appropriate Chief Officer.


(ix) Paragraph 10.2 of the Constitution be amended to show that the River Hamble Management Sub-Committee is re-named the "River Hamble Harbour Management Committee" and reports to the responsible Executive Member.


(x) An Advisory Committee be established as set out in paragraph 14 of the report.

8. MEMBERS' CONDUCT

The Committee considered a report of the Head of IT Services and the Head of Corporate and Legal Services (Item 6 in the Minute Book) on access to and use of the Internet by Members using County Council supplied equipment. The Head of IT Services explained the way in which the County Council's existing security systems operated and pointed out that 100% security was impossible to achieve. Passwords could secure a reasonable degree of protection against unauthorised uses, but ultimately the responsibility was on elected Members using personal computers to ensure that they, and anyone else using their computer, complied with County Council policy for proper use of the Internet. Although some concern was expressed that this responsibility might deter elected Members from using electronic communications, most agreed with the restriction recorded in Minute 7(v) above. With regard to the specific case of computer misuse noted in the report, Members accepted that the time, money and resource which would have to be committed to any further investigation would be out of all proportion to any likely benefit even if specific costs deriving from the unauthorised use could be identified. It was therefore

RESOLVED:

That the further information contained in the report be noted, and in the light of the advice of the Head of Corporate and Legal Services, no further action be taken in this matter.

84M881001

Appendix

THE RIVER HAMBLE

DRAFT TERMS OF REFERENCE

1 The River Hamble Management Committee

The Committee Shall:-

· advise the Executive Member for Environment in connection with the discharge by him of the County Council's functions in respect of the River Hamble.


· prepare and maintain a strategic plan for the management of the River Hamble within the context of which individual decisions can be made by the Executive Member for Environment, the Executive Member consulting as necessary with the Executive Member's Group.


· assess and evaluate matters raised by the Advisory Committee to assist the Executive Member in decision making.


· to receive for information and comment an Annual Report from the Executive Member for Environment in connection with the discharge of the Council's functions in respect of the River Hamble.

2 The River Hamble Executive Member's Group

· The Group shall advise and assist the Executive Member for Environment in connection with individual matters referred to the Executive Member for decision, within the context of the strategic objectives agreed by the River Hamble Management Committee.

3 The River Hamble Advisory Committee

The Advisory Committee shall:-

· advise the River Hamble Management Committee on the development of its strategic plan for the management of the River.


· raise any issues concerning the management of the River Hamble that require consideration by the Executive Member for Environment.


· to receive for information and comment an Annual Report from the Executive Member for Environment in connection with the discharge of the Council's functions in respect of the River Hamble.