Contact: Kevin Gardner, tel. 01962 847381, email [email protected]

1 Summary

The purpose of this report is to advise Members of some recent changes in legislation relevant to the work of standards committees.

2 Joint Standards Committees

2.1 The Local Government and Public Involvement in Health Act 2007 introduced new provisions enabling local authorities to combine to appoint a joint standards committee. The Standards Committees (Further Provisions)(England) Regulations 2009 ("the Regulations"), coming into effect in June 2009, contain further provisions that are relevant to this. Guidance on the establishment of joint standards committees has also been issued by the Standards Board.

2.2 The setting up of a joint standards committee is discretionary, not mandatory.

3 Potential Benefits

3.1 The Guidance indicates a number of potential benefits to authorities in agreeing to set up a joint standards committee, such as:

3.1.1 avoidance of conflict of interest through having a wider group of members

3.1.2 consistency of procedures where authorities cover the same or neighbouring areas

3.1.3 public confidence enhanced through a greater "distance" between standards committees and complainants/subject members

3.1.4 greater capacity to meet workload requirements under the local standards framework

3.1.5 efficient and effective use of resources through sharing of resources and pooling of expertise

3.1.6 increased ability to promote high ethical standards through a raised profile for the standards committee

3.1.7 the ability to jointly commission and fund mediation, training and investigations, and

3.1.8 the opportunity to create stronger support and advisory functions

4 Potential Issues

4.1 The Guidance also indicates a number of potential issues that may arise, as follows:

4.1.1 Possibly becoming an overly bureaucratic end complex process, leading to a lack of clarity for the general public

4.1.2 differing resource implications for authorities within the same joint working arrangement, and

4.1.3 loss of local ownership of standards and ethical issues.

5 Possible Options

5.1 The Standards Board have suggested that there are three options for joint working arrangements, as follows:

5.1.1 A joint standards committee to receive written allegations of failure to comply with the Members' Code, and requests for review, and to decide what action should be taken.

5.1.2 As above, but also to receive and consider final reports of investigation into complaints, conducting hearings, making findings and imposing sanctions.

5.1.3 A joint standards committee to carry out all of the functions of a standards committee for the authorities concerned.

6 Further Consideration

6.1 The Regulations and Guidance contain further provision as to membership and terms of reference, but these only really become relevant if a decision is made in principle to at least explore the creation of a joint committee with other authorities. These factors are not considered further in this report, therefore, though any specific questions of detail members may have can be raised in advance of the meeting with the writer.

6.2 Members are asked to consider the potential benefits and issues relating to the creation of a joint standards committee with other authorities, and the possible options, and agree in principle whether this is something the Committee would wish to explore further. If so, it is suggested the Committee ask the Clerk, as Monitoring Officer, to undertake more detailed enquiries, and prepare mire detailed proposals for consideration at the next meeting.

7 Dispensations

7.1 Legislation states that standards committees can grant dispensations for members, allowing them to speak and vote at meeting where they have a prejudicial interest. The granting of a dispensation is discretionary, not mandatory. The criteria for granting these changed in June 2009 when the Regulations came into effect.

7.2 The circumstances in which a dispensations may be granted are:

7.2.1 where more than 50% of the members who would be entitled to vote at a meeting are prohibited from voting, or

7.2.2 where the number of members that are prohibited from voting at a meeting would upset the political balance of the meeting to the extent that the outcome of voting would be prejudiced.

7.3 Practice to date within the Authority indicates that the need for granting of a dispensation is rare. However, the Guidance contains further helpful information that will assist the Committee in making a decision on a request should one be received.

8 Recommendation

To note the report and consider whether the Committee wishes to further explore the possibility of establishing a joint standards committee..

Background Papers:
None