To receive apologies for absence.

Apologies for absence were received from Councillor John Edwards and Mr. John Hardwick. 

To receive any declarations of interest by Members in respect of items on the Agenda.

The following declarations of interest were made:

To approve and sign the minutes of the meeting held on 02 December 2005. 

RESOLVED:   (Unanimously) that the minutes of the meeting held on 02 December 2006 be approved as a correct record and signed by the Chairman, subject to the following amendment:

·         In respect of Minute 45 (KINGTON TOWN COUNCIL), in the first sentence of the third paragraph, the words “had conducted” be replaced with “was planning”. 

To consider any applications for dispensations received from parish or town councils. 

Wards: County Wide

The Committee considered a report outlining written applications for dispensations received from Holme Lacy Parish Council, Kington Town Council, and Kimbolton Parish Council. 

Members referred to the Relevant Authorities (Standards Committees) (Dispensations) Regulations 2002, which enabled them to grant dispensations in circumstances when the number of councillors that would be prohibited from participating in the business of the council (due to them having a prejudicial interest) would exceed 50%. 

Holme Lacy Parish Council: Four out of the seven current members of Holme Lacy Parish Council had requested a dispensation in relation to their roles as custodian trustees of Holme Lacy Village Hall.  The dispensation would enable them to speak and vote on matters pertaining to the village hall. 

Kington Town Council: Kington Town Council had requested a “block” dispensation in relation to councillors’ roles as members of the Kington Recreation Ground Trust, to enable them to discuss management issues and the purchase of items for the ground.  All councillors were automatically members of the Trust on acceptance of office.  Individual councillors were not trustees; rather, the Town Council as a corporate body was the Trustee.  The Town Council had argued that there was merit in a block dispensation in this instance because it would eliminate the need to apply for a new dispensation every time a new councillor was elected, and would mean that the dispensation would instead only require renewal every four years. 

The Legal Practice Manager reported that the Town Council had sent him a copy of the Foundation Deed of 1878, which had established the Kington Recreation Ground Trust and appointed a Board of Management, which had certain powers relating to the Grounds and a mechanism by which vacancies on the Board had been filled.  In 1910, the Charity Commission had permitted the Trust, by means of an Instrument of Variation, to amend its constitution, and Kington Town Council (or the Kington Urban District Council as it had been known at the time) had substituted for the original Board of Management.  This meant that, according to the documents supplied by the Town Council, every present-day Town Councillor was now a Trustee.  Furthermore, he advised that the Variation Document of 1910, by specifically removing named individuals, had created no alternative mechanism other than if an individual was a Town Councillor, then they were automatically a Trustee. 

The Committee agreed that it would not be acceptable to make a general rule of granting block dispensations, and that in most circumstances there was merit in naming individuals because it helped to maintain a “policing” control over a dispensation.  Members felt however, that there were exceptional reasons for doing so in Kington Town Council’s particular instance, namely:

• The proposed block dispensation related entirely to the Kington Recreation Ground and to no other matter;
• The Town Council had provided documentary evidence to support the fact that all members without exception were automatically Trustees and there was no other mechanism for becoming a Trustee;
• In accordance with the Regulations, the block dispensation would  ...  view the full minutes text for item 53.

To seek the Committee’s views on the Office of the Deputy Prime Minister’s response to recent reports and consultations from the Committee on Standards in Public Life, the ODPM Select Committee and the Standards Board for England. 

Wards: County Wide

Note: Please bring with you your copy of “Standards of Conduct in English Local Government: The Future” which was circulated to you in December 2005. 

Members considered the document “Standards of Conduct in English Local Government: The future”.  The Office of the Deputy Prime Minister (ODPM) had issued the document in response to recent reports and consultations from the Committee on Standards in Public Life, the ODPM Select Committee and the Standards Board for England. 

The Chairman reported that David Prince, the Chief Executive of the Standards Board for England, had invited him to a small discussion group on the document, and he asked the Committee for its views so that he could include them in his response to the group.  He drew members’ attention to the table on page 13 of the document, which summarised the headline issues on which changes were proposed.  The proposals were categorised by whether they would be brought into effect by primary or secondary legislation.  The Committee made the following key points:

To consider attendance at this year’s conference entitled “Bridging the Gap: Towards Effective Local Regulation”, which will be held on 16 and 17 October 2006 at the International Convention Centre in Birmingham. 

The Committee considered attendance at the Fifth Annual Assembly of Standards Committees, to be held on 16 and 17 October 2006 at the International Convention Centre in Birmingham.  This year’s theme would be: “Bridging the Gap: Towards Effective Local Regulation”. 

Members agreed that there was significant merit in attending the Assembly because of the substantial training, information and updates that it provided.  The Chairman reported that he would be unable to attend, and Councillor John Stone and Mr. Richard Gething both confirmed that they would attend for one day only.  The Legal Practice Manager reported that the Hereford and Worcester Fire and Rescue Authority Standards Committee had agreed to finance attendance of some of its members, including Mr. David Stevens, who was a member of both Committees.  He was of the opinion that, given the circumstances, Herefordshire Council would be willing to fund the necessary places. 

RESOLVED:   (unanimously) that, following confirmation of attendance from Councillor John Edwards and Mr. John Hardwick, the Committee Officer would book the necessary places for the Fifth Annual Assembly of Standards Committees. 

To receive an oral report on the meeting, which was hosted by Herefordshire Council. 

Wards: County Wide

The Chairman reported on the meeting of the West Mercia Independent Member’s Forum held on 03 February 2006 and hosted by Herefordshire Council.  He said that he had written to the Leader and the Chief Executive of the Council to thank them for their time and the use of the Council’s resources.  The main theme of the event had been sharing experiences of local hearings.  It had emerged that Herefordshire Standards Committee was among the most experienced and prepared in respect of hearings, and members made some useful points about planning and structure.  Both Mr. Richard Gething (as an independent member of the Hereford and Worcester Fire and Rescue Authority Standards Committee) and Mr. David Stevens had also attended the forum, and had found the meeting extremely productive and informative. 

To note that the next meeting of the Standards Committee will be held at 2.00 p.m. on Friday 21 April 2006 in the Council Chamber at Brockington.  Future dates are listed below:

• Friday 07 July 2006 at 2.45 p.m.
• Friday 20 October 2006 at 2.45 p.m.
• Friday 12 January 2007 at 2.00 p.m.
• Friday 13 April 2007 at 2.00 p.m.

EXCLUSION OF THE PUBLIC AND PRESS

In the opinion of the Proper Officer, the following items will not be, or are likely not to be, open to the public and press at the time that they are considered. 

RECOMMENDATION:that under Section 100 (A) (4) of the Local Government Act 1972, the public and press be excluded form the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Schedule 12 (A) of the Act as indicated below.  

The next meeting of the Standards Committee would be held on Friday 21 April 2006 at 2.00 p.m.  Future meeting dates were noted as follows:

• Friday 07 July 2006 at 2.45 p.m.
• Friday 20 October 2006 at 3.45 p.m. (a later time than previously agreed)
• Friday 12 January 2007 at 2.00 p.m.
• Friday 13 April 2007 at 2.00 p.m.

To update the Committee about determinations by the Standards Board for England concerning the County.  This report will be sent “To Follow”. 

Wards: County Wide

This item discloses information relating to the financial or business affairs of a particular person (other than the Authority). 

The Committee considered a report on the current investigations by the Standards Board for England in respect of complaints of alleged misconduct against certain councillors during 2005. 

Members felt that further detail was required from the Standards Board, under the heading “Nature of Allegation”, so that they could pick up on any trends that might be emerging and tailor any recommended training to suit the needs of the Parish/Town Council.  At present, the Standards Board simply stated “conduct” in many instances where a breach of the Code of Conduct had been cited, without providing any further elaboration. 

RESOLVED:   (unanimously) that the report be noted, and further information be requested from the Standards Board for England in respect of the nature of allegations, with particular reference to “conduct”, to enable the Committee to be more responsive to training and trends. 

Note: At this juncture, Mr Robert Rogers withdrew (see Minute 51 above).  Mr David Stevens was called to the Chair and remained in the Chair for the remainder of the meeting. 

To discuss the date and administrative arrangements for a local determination hearing. 

This item discloses information relating to the financial or business affairs of a particular person (other than the Authority). 

The Legal Practice Manager provided updated information in respect of a complaint against a local councillor which the Standards Board for England had referred to the Council for investigation under the provisions of the Local Authorities’ (Code of Conduct) (Local Determinations) Regulations 2003 (as amended).  Whilst completing his investigation, he had received further information which might be used in mitigation, and this had caused a delay in producing his final report.  This meant that the resulting local determination hearing would take place later than scheduled, and he would write to the Standards Board informing them of this and the genuine reasons for the delay. 

RESOLVED:   (unanimously) that the local determination Hearing in respect of Councillor Allan Lloyd of Kington Town Council, be scheduled for Friday 10 March 2006 at 3.00 p.m. in the Council Chamber, Brockington, 35 Hafod Road, Hereford. 

To consider an application for a dispensation received from Kington Town Council. 

Wards: Kington Town

This item discloses information relating to the financial or business affairs of a particular person (other than the Authority). 

Members considered a request for a dispensation in respect of Kington Town Council.  

RESOLVED    (unanimously) that the request for a dispensation in respect of Kington Town Council be deferred to enable further information to be sought.