Archived decisions

AT A MEETING of the STANDARDS COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 3 July 2007.

PRESENT:

17. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Woodward.

18. DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.

19. MINUTES

The Minutes of the meeting of the Committee held on 17 April 2007 were confirmed as a correct record and signed by the Chairman subject to the addition of Councillor Kelly to the list of members from whom apologies for absence had been received.

20. REVISED MODEL CODE OF CONDUCT FOR MEMBERS

The Committee considered and approved the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 4 in the Minute Book) recommending the revised Model Code of Conduct for Members for approval by the County Council.

RESOLVED:

That it be a recommendation to the County Council:

That the revised Model Code of Conduct for Members attached as an appendix to the report of the Head of Corporate and Legal Services and Monitoring Officer be approved.

21. LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH BILL - PREPARATION FOR INTRODUCTION OF LOCAL FILTERING

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 5 in the Minute Book) outlining research being carried out by the Standards Board into the types of arrangements that would be needed for local filtering of complaints. From April 2008 it was anticipated that local authority Standards Committees would be responsible for the receipt of allegations of failure by members to comply with the Members Code of Conduct and for determining whether these should be investigated. Research in this respect was being undertaken by the Standards Board and in Hampshire a pilot project as to local filtering of complaints was being put in place by the Board. Members of the Committee were invited to participate.

RESOLVED:

(a) That the Committee supports the principle of participation in the Local Filtering Pilot Project;

(b) That Councillors Bryant, Kelly, Ludlow and West and Mr. James be nominated to participate in the Standards Board's Local Filtering Pilot Project.

22. THE RELEVANT AUTHORITIES (STANDARDS COMMITTEE)

(DISPENSATION) REGULATIONS 2002

Councillor Bryant declared a prejudicial interest as Chairman of the River Hamble Harbour Board and left the meeting.

Councillor A.W. Rice in the Chair

The Standards Committee received a request from four of the seven members of the River Hamble Harbour Board for dispensations under the Relevant Authorities (Standards Committee)(Dispensations) Regulations 2002 (Item 6 in the Minute Book). The four members were appointed by the County Council to the Board because of their specialist knowledge and expertise relating to River Hamble Harbour matters.

As a consequence, all four members had interests which, in certain circumstances, meant that they were required to declare prejudicial interests under the Members' Code of Conduct and to take no part in the discussion or voting on the matter in question.

If the Committee granted the dispensations applied for it would allow all four members to participate fully on matters coming before the Committee where otherwise they would have had to declare prejudicial interests and have absented themselves from the meeting whilst the matter was discussed.

The Head of Corporate and Legal Services and Monitoring Officer referred to the legal position and also to the effect of the revised Code of Conduct for Members which, if adopted by the County Council at its meeting on 12 July 2007, would allow members with a prejudicial interest to make representations, in this case to the River Hamble Harbour Board, an opportunity not previously available.

A full discussion then took place by members on the merits of the applications, the options available and the balance between the Committee's duty to promote high standards of conduct and the practical implications of ensuring that the business of the River Hamble Harbour Board was not impeded.

RESOLVED:

That the applications for dispensation be deferred for twelve months to allow an assessment to be made of the impact of the revised Code of Conduct for Members and particularly the ability of those with prejudicial interests to make representations on the business to be transacted by the River Hamble Harbour Board.