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

The Committee considered a report outlining a written application for a dispensation received from Dinedor Parish Council.  Members referred to the Standards Committee (Further Provisions) (England) Regulations 2009, 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%.

Three members of the Parish Council had requested a dispensation in relation to Dinedor Village Hall, as follows:

• Mr Anthony Owen – a holding trustee in respect of Dinedor Village Hall and a member of the village hall management committee;

• Ms Barbara Ferris – a charity trustee in respect of Dinedor Village Hall and member of the village hall management committee; and

• Mr Duncan Green.  The village hall management committee was required to appoint another holding trustee.  The position had been advertised in the parish and to date, only Mr Green had expressed an interest.  Mr Green, also a member of Dinedor Parish Council, was awaiting the outcome of the Standards Committee’s decision before taking up the post, so that the parish council could continue to make decisions about village hall matters. 

The total membership of the parish council was five.  Without a dispensation, parish council members who were also village hall trustees would have to declare a prejudicial interest on village hall financial matters and leave the room during the discussion, thereby rendering the parish council inquorate and unable to make any necessary decisions.  

The Assistant Director (Law and Governance) said that, to satisfy the terms of the regulations, the dispensation application forms should be signed by the individual councillors making the request.  In this instance, the clerk had signed the application form, and therefore the application would have to be modified to indicate that the dispensation request had come from the named parish councillors.

Members suggested that the application form template could be made clearer to identify specifically who the signatories must be.  The Democratic Services Officer said that she would modify the template to this effect for future use, and would request written confirmation from the relevant members of Dinedor Parish Council, that the application currently submitted by the Clerk had been done so on their behalf.  

The Committee was minded to grant the dispensation as soon as the revised application was received, provided that it met all of the necessary legal requirements and the material circumstances remained the same.  Members that felt that there was merit in allowing the dispensation until 05 May 2011, so that any future applications would coincide with the elections for Parish and Town Councillors to be held on that date. 

RESOLVED:   (unanimously) that

(i)                 Subject to receipt by the Monitoring Officer of written confirmation from each of the named councillors that the application and written explanation from the Parish Clerk to Dinedor Parish Council dated 11 November 2010 are correctly submitted on their behalf;

(ii)               Councillors Duncan Green, Anthony Owen and Barbara Ferris be permitted to participate in the consideration of matters relating to Dinedor Village Hall where their interest arises solely from their trusteeship;

Provided that these dispensations shall continue until the local elections on 05 May 2011; and

(iii)             Having regard to the fact that the number of members of the authority that are otherwise prohibited from participating in the business of the authority exceeds 50% of those members that are entitled or required to so participate, the content of the application and to all the circumstances of the case, it is appropriate to grant these dispensations.