Archived decisions
Colin Hinxman
Democratic Services
Hampshire County Council
The Castle
Winchester Hampshire
SO23 8UJ
Your Ref PR3AD/3/CH/hae
Our Ref AGN/PH"riY050416
Date 30 August 2006
Dear Sir
Standards Board Complaint - River Hamble Harbour Board
Mr Tony Lovell
We are instructed to act on behalf of Mr Tony Lovell in respect of the complaint made against him which arose from the meeting of the River Hamble Harbour Board held on 20 January 2006.
At that meeting, the Harbour Board considered the application of the Royal Southern Yacht Club ("the Yacht Club") for permission to modernise pontoon facilities on the river. The substance of the complaint is that Mr Lovell, as an active member of the Yacht Club, failed to declare a prejudicial interest in the application.
We write now to give Mr Lovell's response to the complaint and the Investigating Officer's Report ("the Report"), as requested in your letter of 2 August 2006. Given the substance of this response, we have not made use of the standard forms appended to your letter, and we trust that is acceptable to you. Mr Lovell's response is as follows:
1. Mr Lovell does not disagree with any of the Investigating Officer's findings of fact. In particular, Mr Lovell considers that the Investigating Officer's summary (Report, paragraph 6.11) accurately reflects his contribution to the Harbour Board meeting, namely that:
a. He disputed what was said in the deputation of Kate Cullen of Hamble-le-Rice Parish Council regarding the number of routes by which one could row up the river;
b. He commented that the form of marina construction proposed was reliable; and
c. He commented that a "traffic light" system would not be appropriate for reasons of navigational safety.
He did not, as is alleged in the complaint, speak in favour of the proposal.
2. Mr Lovell will attend the hearing to be held on Wednesday 20"' September 2006. He will be represented by Jonathan Bracken of this firm.
3. Mr Lovell does not wish to add any evidence to that given in his statement, and does not wish to call any witnesses.
4. Mr Lovell does not consider that the hearing needs to be held in private, and does not feel that any part of the Investigating Officer's Report or any other relevant document should be withheld from the public.
Mr Lovell does, however, disagree with the Investigating Officer's analysis and conclusion that he failed to declare a prejudicial interest. He considers that, if a member of the public correctly understood his role as a Member of the Sailing Committee and Chairman of Race Management at the Royal Southern Yacht Club, they would not conclude that that interest was so significant that it was likely to prejudice his judgment of the public interest. He considers that this is the case because his role is restricted to the organisation of yacht races which the executive committee have decided to hold. His role is voluntary, he has no executive function and receives no financial benefit.
Moreover, as set out above at paragraph 1, Mr Lovell does not consider that he spoke in favour of the application at the Harbour Board meeting. His comments were restricted to providing expert advice on matters connected with recreational sailing, which he felt it was his duty to make as a member of the Harbour Board.
However, should the Standards Committee find that Mr Lovell failed to follow the Code of Conduct, we consider that the following factors should be taken into consideration:
1 There is no evidence or allegation whatsoever that Mr Lovell's failure to declare a prejudicial interest resulted from an improper motive to secure favourable treatment for the Yacht Club's application (Report, paragraph 7.7);
2 Mr Lovell did not receive any training in respect of the Members' Code of Conduct until March 2006, after the meeting from which the complaint arises (Report, page A60, paragraph 13).
3 Mr Lovell has not received any training in respect of the Standards Board for England Guidance in respect of Lobby Groups, Dual-Hatted Members and the Code of Conduct, on which the Investigating Officer places some reliance, and which recommends that members adopt a particular cautious approach to planning and licensing matters.
4 Mr Lovell is scheduled to attend further training on the role and responsibilities of Harbour Board members on 19t" September 2006.
We trust that this letter will enable you to prepare a pre-hearing process summary but should you have any queries please do not hesitate to contact our Aaron Nelson on the contact details below.
Yours faithfully
Bircham Dyson Bell
Direct Line: 020 7170 0315
cc: Mr Tony Lovell