To receive apologies for absence.

Apologies were received from Ursula Attfield (Substitute Parish and Town Council Representative), Isabel Fox (Independent Member) and John Stone (Local Authority representative).

The Committee noted that Ms C Adan, Interim Assistant Chief Executive (Legal and Democratic), would be leaving Herefordshire Council on 26 November 2010, and received information about the arrangements in place until the arrival of the newly appointed Assistant Director of Law and Governance and Monitoring Officer, Mr Chris Chapman .  Members thanked Ms Adan for the effective support that she had provided to the standards framework and to the Committee. 

To receive any declarations of interest by members in respect of items on the agenda.

There were no declarations of interest made.  

To approve and sign the minutes of the meeting held on 02 July 2010. 

RESOLVED:   (unanimously) that the minutes of the meeting held on 02 July 2010 be approved as a correct record and signed by the Chairman. 

To consider applications for dispensations received from parish and town councils.

Wards: County-Wide

[Note: At the time that this agenda went to print, no applications had been received.  If any applications are received before the meeting, a written report will be tabled.]

There were no applications for dispensations received. 

To note the Council’s Annual Governance Report for 2009/10. 

Wards: County-Wide

The Committee considered the external auditors’ Annual Governance Report for 2009/10, which outlined their opinions and recommendations about the Council’s financial statements for 2009/10, arrangements for securing value for money, and further improvements to the Council’s governance arrangements arising from their audit work. 

Members noted that there was an obligation in the Council’s Code of Governance that the Standards Committee would receive an annual report on the effectiveness of the Code.  This was because ethical governance formed part of the review.  The report indicated that the Council was following the Code of Governance correctly, and had continued to demonstrate improvements in this area and in the use of resources. 

RESOLVED:   (unanimously) that the report be noted. 

To note the latest bulletin from Standards for England. 

Wards: County-Wide

The Committee considered the latest Bulletin from Standards for England (SfE).  Matters relating to the proposals for Standards for England and the Standards Framework were taken together with the next agenda item (The Future of the Local Government Standards Framework) due to their common content. 

Members noted the SfE guidance on the re-appointment of independent members, given the current uncertainly regarding the future of the Standards Regime.  The SfE advised that it might be preferable to retain members who had been trained and understood their role rather than seek to recruit and appoint new members at this time. 

RESOLVED:   (unanimously) that the report be noted. 

To note further information received regarding the future activities of Standards for England and the standards regime since the Committee’s last meeting on 2nd July, 2010.

Wards: County-Wide

The Committee considered a report in respect of proposed changes to Standards for England (SfE) and the local Standards framework, through the proposed Decentralisation and Localism Bill due to be published later in 2010.  The Bill included proposals to ‘abolish the Standards Board regime’.  The budget for Standards for England (SFE) had also been reduced for the current year by £1.45m (18%).  The SfE was of the view that the process was likely to lead to its final closure sometime between 31 December 2011 and 31 March 2012, but as yet there was no indication of any transitional arrangements.  Since the initial announcement in the “Programme for Government” on 20 May 2010, some further information had emerged about how the local Standards framework would be dealt with, as follows:

·         Communities Minister Andrew Stunell had announced that serious misconduct for personal gain would become a criminal act and that the SfE regime would cease.  Mr Stunell’s view was that the standards regime had become a vehicle for malicious and frivolous complaints and had resulted in considerable costs having to be met by Councils to deal with them.  He said that local standards committees had investigated some 6,000 complaints in the first two years of the regime and that over half of these had been judged not to be worthy of any further action.  His aim was to introduce legislation so that all serious misconduct by councillors would become a criminal offence dealt with by the courts, instead of the current arrangements where some matters were dealt with by the Monitoring Officer and the Standards Committee. 

·         Greater importance would be attached to councillors registering personal interests in a public register, and sanctions would be imposed against those failing to register or declare an interest or deliberately misleading the public.  The Minister believed that this would help to instil confidence in voters, and give assurance to councillors that investigations over petty allegations would cease.  He added that the public should address unsatisfactory performance of councillors via the ballot box.  Greater powers would be given to the Local Government Ombudsman, compelling local authorities to implement any Ombudsman recommendations.

·         The Government also intended introducing legislation to make it clear that councillors would be able to campaign and vote freely on local ward issues.  Councillors who had previously been prevented from speaking about the issues they had been elected on, such as planning matters, would have greater freedom to express their views. 

During the ensuing discussion, the Committee raised the following key points and questions:

• It was recognised that the present system had numerous shortcomings.  For example, the regime had at times become a vehicle for trivial complaints and vendettas, and the standards process could be unnecessarily lengthy and bureaucratic.  The Committee had sought by its methods of operation to minimise this.  Members felt, however, that if the present proposals were carried through, it was unlikely that there would be an effective local government ethical code, which may be a matter of concern to  ...  view the full minutes text for item 31.

To update the Committee on progress made with complaints about local authority, town or parish councillors.

Wards: County-Wide

Members reviewed progress made on complaints about local authority, town and parish councillors since the introduction of the local filter on 08 May 2008.  To date, the assessment and review sub-committees had dealt with eighteen complaints in 2008, fifty in 2009, and so far in 2010, twenty-eight.  The Committee thanked officers for their hard work in ensuring that cases were up-to-date.  

RESOLVED:   (unanimously) that:

(i)                 the report be noted; and

(ii)               a further report be presented at the next Standards Committee meeting outlining progress made with cases. 

To consider progress made on a Direction issued by Standards for England in respect of a parish or town council.  

Wards: County-Wide

The Interim Assistant Chief Executive (Legal and Democratic) apprised members of progress made with a Standards for England Direction issued in respect of a particular parish or town council. 

RESOLVED:   (unanimously) that the report be noted. 

To consider an oral report from the Assistant Director – Legal and Democratic and Monitoring Officer, in respect of a recommendation to her arising from a Standards Committee Hearing Decision.  

Wards: County-Wide

The Interim Assistant Chief Executive (Legal and Democratic) sought advice from the Committee in respect of a recommendation to her arising from a Standards Committee Hearing Decision.