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PRE-HEARING PROCESS SUMMARY IN RESPECT OF A COMPLAINT RECEIVED AGAINST MR T LOVELL
Name of Authority: Hampshire County Council
Name of member who the allegation Mr T Lovell, a co-opted member of the
has been made about: River Hamble Harbour Board, a committee of Hampshire County Council
Name of person who made the original Ms Kate Cullen, Clerk to Hamble-Le-
Allegation: Rice Parish Council
Case Reference Numbers of the Principal HCC Reference - PR169/A63
Authority and the Standards Board for Standards Board Case Reference
England: No. - SBE14236.06
Names of the Chairman and members The Hearing Panel will be constituted
of the Hearing Panel: of three members, these being: Mr Martin James and Mr Graham Ellis, both independent members of the Standards Committee, and Cllr Ms Kelly. The Chairman of the Hearing Panel will be Mr Martin James.
Name of the Monitoring Officer: Mr Jeff Pattison
Name of the investigating officer who Mr Kevin Gardner
referred the matter:
Name of the administrative officer
providing support to the Hearing: Mr David Hinxman
Date the Pre-Hearing Process Summary 20 September 2006
was produced:
Date, time and place of the Hearing: 10 October at 10.00am at The Castle, Winchester
Summary of the allegation: At a meeting of the River Hamble Harbour Board on 20 January 2006, Mr Lovell failed to declare a prejudicial interest in relation to a contentious item regarding a Regatta Centre for the Royal Southern Yacht Club, that he spoke in support of the proposal, disputed part of a deputation objecting to the proposal and voted in favour of the proposal.
Relevant sections of the Code of Conduct: Paragraph 1.1(a)
"A member must observe the authority's code of conduct whenever he: (a) conducts the business of the authority...".
Paragraph 1.4
"In this code, `member' includes a co-opted member of an authority."
Paragraph 8.1
"A member must regard himself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 14 and 15 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council tax payers, ratepayers or inhabitants of the authority's area, the well-being or financial position of himself, a relative or a friend or: (a) any employment or business carried out by such persons...."
Paragraph 9.1
"A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent."
Paragraph 10.1
"Subject to sub-paragraph (2) below, a member with a personal interest in a matter and has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest."
Paragraph 12.1 - 12.2
"12.1 Subject to sub-paragraph 12.2 below, a member with a prejudicial interest in any matter must:
a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he has obtained a dispensation from the authority's standards committee
b) not exercise executive functions in relation to that matter; and
c) not seek improperly to influence a decision about that matter."
"12.2 A member with a prejudicial interest may, unless that interest is of a financial nature, and unless it is an interest of the type described in paragraph 11 above, participate in a meeting of the authority's:
a) overview and scrutiny committees; and
b) joint or area committees,
to the extent that such committees are not exercising functions of the authority or its executive."
Paragraph 14.1
"Within 28 days of the provisions of an authority's code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his financial interests in the authority's register maintained under Section 81(1) of the Local Government Act 2000 by providing written notification to the authority's monitoring officer of: a) any employment or business carried on by him..."
Findings of fact in the investigating Mr Lovell agrees with all findings of
officer's report that are agreed: fact contained in the Investigating Officer's report.
Mr Lovell does, however, disagree with the Investigating Officer's conclusion that this interest amounted to a prejudicial interest under the Code of Conduct i.e. one so significant that it was likely to prejudice his judgement of the public interest.
Whether or not the member or the Mr Lovell will attend the hearing and
investigating officer will attend the be represented by his Solicitor, Mr
Hearing or be represented: Jonathan Bracken of Messrs Bircham Dyson Bell. Mr Gardner will also attend the hearing.
Names of any witnesses who will be Mr Lovell does not wish to call any
asked to give evidence: witnesses. The Investigating Officer does not wish to call any witnesses.
Outline of the proposed procedure for The Hearing will proceed on the Model
the Hearing: Hearing Procedures for the Standards Committee contained in Appendix 2 of the Standards Board for England Guidance entitled "Standards Committee Determinations Guidance for Monitoring Officers and Standards Committees" copies of which have been sent to all Hearing Panel members, Mr Lovell and Mr Gardner.
Should any part of the hearing or any Neither Mr Lovell nor Mr Gardner
documentation be withheld from the consider that any part of the hearing
public: or any documentation should be
withheld from the public.