Agenda and minutes

Standards Committee - Monday 26 March 2007 7.30 pm

Venue: Committee Room 5 Harrow Civic Centre

Contact: Michelle Fernandes, Senior Democratic Services Officer  Tel: 020 8424 1542 E-mail:  michelle.fernandes@harrow.gov.uk

Items
Note No. Item

PART I - RECOMMENDATIONS

RECOMMENDATION I - Protocol for Dealing with Complaints

Minutes:

Your Committee received the draft of a proposed Protocol for dealing with complaints of breaches of the Code of Conduct for Councillors and/or Local Protocols.  Members noted that adoption of the Protocol would demonstrate that arrangements were in place to ensure that the Committee would carry out their responsibilities in a regularised manner.  It was noted that the Protocol would be in effect from now until April 2008, when changes were expected following the Local Government Bill.

 

Members suggested two amendments to the draft, the first making clear Members’ right to make representations during an investigation, and secondly that ‘consider’ should be inserted into the flow chart.

 

Resolved to RECOMMEND:  (to Council)

 

That the revised Protocol for Dealing with Complaints, incorporating the comments above, be adopted.

 

(See also Minute 51).

PART II - MINUTES

45.

Attendance by Reserve Members

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.

Minutes:

RESOLVED:  To note that there were no Reserve Members in attendance at this meeting.

46.

Declarations of Interest

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.

Minutes:

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

47.

Arrangement of Agenda

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 Part 1 of Schedule 12A to the Local Government Act 1972 (as amended).

Minutes:

RESOLVED:  That (1) in accordance with the Local Government (Access to Information) Act 1985, the following item be admitted to the meeting by virtue of the special circumstances and grounds for urgency stated below:

 

Item

 

Special Circumstances / Grounds for Urgency

9.      Protocol for Dealing with Complaints - The Draft Protocol

There were delays in finalising the draft Protocol at the time the agenda was printed and circulated.  Members were requested to consider this item, as a matter of urgency.

 

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

48.

Minutes

That the minutes of the meeting held on 19 September and 5 December 2006  be taken as read and signed as a correct record and the minutes of the Special meeting held on 1 March 2007 be deferred until printed into the Council Bound Minute Book.

 

[Note:  The 19 September and 5 December 2006 and 1 March 2007 minutes are published on the Council's intranet and website].

Minutes:

RESOLVED:  That (1) the minutes of the ordinary meetings held on 19 September and 5 December 2006 be taken as read and signed as correct records;

 

(2)  the minutes of the Special meeting held on 1 March 2007 be deferred until printed in the Council Bound Minute Volume.

49.

Public Questions, Petitions and Deputations

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

Minutes:

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.

Enc.

50.

Whistleblowing Policy pdf icon PDF 32 KB

Report of the Head of Human Resources.

Additional documents:

Minutes:

Members considered a report of the Head of Human Resources, which introduced a revised Whistleblowing Policy, following contributions from a previous meeting of the Standards Committee.

 

Members were informed that the draft policy now included improved guidance on the whistleblowing procedure and detailed how to raise a concern.  An officer reminded Members that a flowchart with a list of regulatory bodies was appended to the draft which would assist an employee if they felt they required assistance outside the Authority or if the matter was outside the Authority’s jurisdiction. 

 

A Member queried the references of the Public Interest Disclosure Act 1988 and suggested that a simplified explanation be provided within the Policy.  In addition, the officer was asked to replace the word “verbally” throughout the Policy with the word “orally”, and correct errors in the numbering of paragraphs.

 

RESOLVED:  That, subject to the suggested amendments above, the revised Whistleblowing Policy be approved.

Enc.

51.

Protocol for Dealing with Complaints pdf icon PDF 62 KB

Report of the Director of Legal and Governance Services.

 

[Note: The Draft Protocol will be distributed on a Supplemental Agenda].

Additional documents:

Minutes:

Further to Recommendation I above, the Chairman informed the Committee that the four Independent Members of Harrow had attended a cross borough event in Brent on the Code of Conduct.  The event was hosted by Peter Keith?Lucas who had spoken of good practice in relation to the Code within authorities.  The Chairman advised that Harrow appeared to be following the best practice as suggested by Mr Keith-Lucas and wished to congratulate Harrow’s officers on the high quality of work and briefings provided to Members.

 

RESOLVED:  That the above be noted.

Enc.

52.

Briefing on The Local Government and Public Involvement in Health Bill pdf icon PDF 68 KB

Report of the Director of Corporate and Legal Governance.

Minutes:

The Committee received a report of the Director of Legal and Governance Services, which updated Members on the progress and timescale for the introduction of the Local Government and Public Involvement in Health Bill, particularly in relation to the development of standards and governance.

 

The Director outlined the increased impact that there would be on the Standards Committee once the Standards Board had downsized its responsibilities and taken on a redefined, more strategic role.  Allegations of misconduct would be referred to the Standards Committee in the first instance to decide whether to investigate and a quick turnaround in responding would be expected.  Members noted and were concerned by the increased workload and the additional meetings that would be required.  The need for a workable system was emphasized and an increase in the size of the Standards Committee membership was suggested, in order to cope with the increased workload.  Members were opposed to a Joint Standards Committee and Sub?Committee with Brent Council to hear complaints, as it was felt that each borough had its own systems and ways of working.

 

RESOLVED:  That (1) the implications of the Local Government and Public Involvement in Health Bill, be noted; and

 

(2)  the consideration of any necessary steps in anticipation of the introduction of the Bill be deferred until the autumn meeting of the Standards Committee.