Contact: Jeff Pattison, Head of Corporate and Legal Services, tel: 7321

1. Summary

1.1. This report concerns a number of procedural issues relating to declarations of interest, the implications of the requirement, from 1 October 2002, that agenda and reports be available for public inspection at least 5 clear days before the meeting, rather than 3 clear days (the legal requirement hitherto), questions under Standing Order 20, and outside body attendance.

2. Declarations of Interest

2.1. At its previous meeting the Standards Committee asked that arrangements be made for Members, at every meeting of the Council, the Executive, Committees and Advisory Panels to declare personal and/or personal prejudicial interests which they believe they have in any of the items on the agenda.

2.2. This decision was implemented forthwith, and, by and large, has not been an issue. However, at the Environment Policy Review Committee on 4 September the fact that over half the membership also serves on the Regulatory Committee resulted in a large cohort of Members declaring a personal and prejudicial interest in a number of proposals requiring planning permission from the County Council, advice having been given with particular reference to paragraphs 11 and 12 of the County Council's Code of Conduct and planning guidance concerning the need for members to remain impartial when dealing with planning applications, otherwise the County Council could be found guilty of maladministration.

2.3. The issue for the Standards Committee is what the implications of this on a regular basis would be for the effective despatch of the Council's business. Clearly the Environment PRC and other PRCs considering matters requiring planning permission by the County Council could not undertake those responsibilities effectively if a significant number of members were, by membership of the Regulatory Committee, prevented by the Code from contributing to debate and being available to vote.

2.4. Whilst the Standards Committee could consider issuing a dispensation to Members, this would not be a complete solution. Issues raised in the Planning Code and previously commented upon by the Ombudsman would need to be taken into account. Members involved in the planning decision process would, at that time, need to be able to give matters objective consideration in the light of any objections received following the publication of planning notices. Granting dispensations would not be the answer, therefore.

2.5. Alternatively, the political groups could be asked to review their representation on PRCs so that there was no dual membership of the Environment Committee and the Regulatory Committee. All but two members of the Regulatory Committee are members of one or more PRCs. Conflict of interest is considered most likely to impact on the Environment PRC.

2.6. This option may, however, be perceived as too draconian and may not reflect

the best use of Members skills and abilities if they were required to choose

between one of the two committees. It also needs to be recognised that

consideration, hitherto, of planning applications by Environment PRC has not

been a substantial element of their workload.

2.7. A further option, therefore, would be to leave existing membership of the two

committees as previously constituted but to prohibit Environment PRC (and other PRCs) from scrutinising planning applications prior to decisions on them being made. This would certainly protect the County Council's position but would require a clear reference in the Constitution.

2. Access to Information

3.1. On 1 October 2002 new Regulations came into force which require agenda and reports to be published at least 5 clear days before the meeting. The County Council's Standing Orders have been reviewed by the Officers in the light of this change.

3.2 Since the Local Government (Access to Information) Act 1985, all local authorities have had a statutory duty to publish agendas and non-confidential or non-exempt reports for meetings at least 3 clear days before the meeting. New Regulations extended this to 5 clear days from 1 October. The effect is that agendas and reports will now need to be published on the 8^th day before a meeting given that current interpretation means weekends should be excluded from the calculation, or earlier if a Bank Holiday is involved. Standing Order 11(b) concerning the despatch of papers for County Council meetings, etc. has remained constant for many years, but has not been given the current statutory interpretation so that agendas, as far as practicable, have been sent out a week in advance. It is suggested that the Standing Order be brought into line with the requirements of the new Regulations and interpreted accordingly so that agendas and reports are published a day earlier than has usually been the case, e.g. the County Council's agenda would be despatched on the Wednesday in the week before the meeting rather than the Thursday.

3.3. In the spirit of openness and in accordance with statutory provisions items on the agenda, marked "to follow", may only be considered at the meeting if the Chairman considers and gives reasons for the matter being urgent pursuant to Section 100B(4)(b) of the Local Government Act 1972. It should be noted that, under the new Constitution, the "5 day" rule applies to the Executive only when it formally meets as the Cabinet and to the publication of reports concerning "key decisions" to be made by Executive Members acting individually. The Regulations do not otherwise affect the statutory basis on which Executive Members acting individually may operate. It is the County Council's policy however to give notice of Executive Member decision day business a week in advance. As far as possible notice is being given of Executive Member decision day business in line with the new statutory requirement.

3. Standing Order 20(b)(i), (d) and (e) - Notice of Questions

4.1. Standing Order 20 requires questions to Council to be submitted not later than noon on the Thursday immediately proceeding a meeting of the Council. This has coincided with the publication of the County Council's agenda a week in advance of the meeting hitherto.

4.2. If Members wished, the deadline for questions could be brought into line with the new agenda despatch requirement but they are independent issues. Members are familiar with the current arrangements and there would seem to be no overriding reason for change, the deadline for printing already being before the deadline for questions.

4. Members' attendance monitoring

5.1. In October 2000 the former Standards and Procedures Sub-Committee asked

that arrangements be made to monitor Members' attendances at meetings of outside bodies to which they have been appointed to represent the County Council. A system was devised and implemented accordingly whereby Members were to submit monthly returns. Given that the outside bodies control their own calendars of meetings there is no bench mark to measure Members' returns against and, with over 400 appointments made by the County Council, a pro-active approach was not considered by the Sub-Committee to make the most efficient and effective use of staff time.

5.2. With the agreement of the chairman a review of the monitoring system has been undertaken and, to make the best use of Members' and officers' time, it is recommended that the formal arrangements be discontinued forthwith. Members' attendances will continue to receive random scrutiny by way of their expenses claims.

RECOMMENDATIONS:

(i) That the Committee consider the way forward vis-à-vis duality of Policy Review Committee membership and Regulatory Committee membership in relation to the Declaration of Interests;

(ii) That it be a RECOMMENDATION to the County Council:

That Standing Order 11(b) be amended by the substitution of "5" for "6" in line 3;

(iii) That, in relation to (ii) above the term "clear days" be interpreted so as to exclude weekends and Bank Holidays, the effect being to require agendas normally to be published at least a day earlier than at present;

(iv) That the Sub-Committee consider whether the deadline for questions under Standing Order 20 (b) (i), (d) and (e) should be revised; that the arrangements for monitoring Members attendances at meetings of outside bodies to which they have been appointed by the County Council be discontinued forthwith.

Section 100 D - 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.

NB the list excludes:

1 Published works.

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

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