Agenda and minutes

Your Committee received the draft of a proposed Protocol for co-optees and advisers, which covered the Constitutional provisions governing their appointment, rights and obligations, with particular reference to the provisions concerning the Code of Conduct (for Councillors), confidentiality and access to information.

Resolved to RECOMMEND:  (to Council)

That the Protocol on Co-optees and Advisers, now attached, be adopted.

To note the attendance at this meeting of any duly appointed Reserve Members.

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             the meeting notes at the start of the meeting at the item ‘Reserves’ that the Reserve Member is or will be attending as a reserve;

(iv)              if a Reserve Member whose intention to attend has been noted arrives after the commencement of the meeting, then that Reserve Member can only act as a Member from the start of the next item of business on the agenda after his/her arrival.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Members:-

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

RESOLVED:  To note that there were no declarations of interests made by Members in relation to the business transacted at this meeting.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in Paragraph 1 of Schedule 12A to the Local Government (Access to Information) Act 1972 (as amended).

RESOLVED:  That (1) it be noted that item 15 – Reference from Member Development Panel, incorrectly marked as enclosed, had been withdrawn from the agenda; and

(2)  all items be considered with the press and public present.

That the minutes of the meeting held on 22 June 2006, having been circulated, be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 22 June 2006 be taken as read and signed as a correct record.

To receive questions (if any) from local residents or organisations under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

RESOLVED:  To note that no public questions were put, or petitions or deputations received at this meeting under the provisions of Committee Procedure Rules 19, 16 and 17 (Part 4B of the Constitution) respectively.

Report of the Director of Corporate Governance.

(See Recommendation I).

Report of the Director of Corporate Governance.

The Director of Corporate Governance reported on the extent of Members’ compliance with the Code of Conduct, in relation to completing their Register of Interests form within the statutory 28 day deadline.

It was noted that a significant number of Members had failed to return their forms in line with the 28 day requirement and that systems were being put in place to address this for the future.  To date only one Member had not returned a complete Register of Interests form.  The Committee sought confirmation as to which Councillor this was.  Arrangements were also under consideration to place the Members’ Register of Interests electronically onto either the intranet or the internet in order to enhance public accessibility.

RESOLVED:  That (1) it be noted that Councillor Anjana Patel had not completed and returned her Register of Interests form;

(2)  in future, Members who fail to comply with the requirement to complete their Register of Interests forms within the 28 day statutory requirement, be publicly recorded;

(3)  officers investigate how other boroughs make their Members’ Register of Interests available, and report back to the Standards Committee before any decisions were made in relation to the electronic publication of the Register of Interests.

Report of the Director of Corporate Governance.

The Committee considered a report of the Director of Corporate Governance, which briefed Members on the various rights of access to information in relation to complaints of breach of the Members’ Code of Conduct.  The issue of “whistleblowing” was raised in debate.

The Director of Corporate Governance advised that officers acting in a statutory role who were advised on a confidential basis of a breach of the Code had a duty to follow up the allegation and therefore to advise the informant that there would be circumstances when confidentiality could not be maintained.

A Member expressed concern regarding the working practices of the Standards Board for England (SBE) and the maintaining of confidentiality in respect of cases under investigation.  It was agreed that the circumstances would be investigated and reported back to the Committee.

RESOLVED:  That (1) a report from the Interim Director of Human Resources on “whistleblowing” be submitted to the next meeting of the Standards Committee;

(2)  it be noted that the statutory officers were obliged to pursue allegations brought to their attention and this overrode confidentiality of the source;

(3)  it be established whether it was standard practice for SBE to divulge confidential information on complaints in correspondence and over the telephone, and this be reported back to the Committee;

(4)  the report be noted.

Report of the Director of Corporate Governance.

The Committee received a report of the Director of Corporate Governance, which advised of recent legislative changes to indemnify Members against legal costs incurred in defending themselves against an allegation of breach of the Code of Conduct.

It was advised that a caveat to the indemnity claim was that there was a limit of £50,000 maximum per claim and that, in addition, all monies would be required to be reimbursed by the Member should they be found to be in breach of the Code.

RESOLVED:  That (1) a letter be sent to all Council and Independent Members advising them of the indemnity insurance; and

(2)  the report be noted.

Report of the Director of Corporate Governance.

Members considered a report of the Director of Corporate Governance which proposed the addition, in the Constitution, of specific references to the responsibilities of the Leader and the Chief Executive for maintaining the high ethical standards of the Authority.

Members noted that the revisions were to be considered by the Constitution Review Working Group and, if then agreed, would be reported to Council on 19 October 2006.

RESOLVED:  That the proposed revisions to the Constitution, relating to the responsibilities of the Leader and the Chief Executive for the high ethical standards of the Authority, be noted.

Report of the Director of Corporate Governance.

The Director of Corporate Governance informed Members of decisions of the Standards Board for England (SBE) following receipt of complaints against Members of this Council.

It was noted that there had only been two complaints against Harrow Councillors in the period August 2005 – July 2006, neither which had warranted investigation.

RESOLVED:  That (1) the Director of Corporate Governance, upon receipt of notification from the SBE regarding a complaint against a Councillor, notify the Standards Committee and also provide an annual summary of this information for the Committee; and

(2)  the report be noted.

Report of the Director of Corporate Governance.

The Director of Corporate Governance’s report advised that the Member/Officer Protocol had been circulated to all Members for comment on whether they found it to be a useful document.  It was noted that of 63 Councillors, 13 responses had been received and were summarised in the report.  Proposals for a more detailed review of the Protocol, having regard to the comments received, were endorsed, subject to the exclusion of some of the issues raised.

RESOLVED:  That (1) officers report back on potential revisions to the existing Protocol; and

(2)  the report be noted.