Standards Committee (Wirral Council) 26th January 2012 Part 1 Declarations of interest, Minutes, Implications of the Localism Act on the Standards Regime


Present (part of Standards Committee)

Independent

Ken Harrison (Vice-Chair)
Alex Nuttall

Conservative

Deputy Mayor of Wirral, Cllr Gerry Ellis
Cllr Simon Mountney deputy for Cllr Les Rowlands
Cllr Chris Blakeley

Labour

Cllr Denise Roberts
Cllr John Salter
Cllr Bill Davies

Liberal Democrat

Cllr Tom Harney deputy for Cllr Pat Williams
Cllr Ann Bridson
Cllr Bob Wilkins

Officers

Shirley Hudspeth (Committee Clerk)
Surjit Tour (Legal Adviser)

Press/public

2 members of the public (John Brace and Leonora Brace)

Ken Harrison (Vice-Chair) said he was chairing the meeting tonight in the absence of the Chair Brian Cummings. Mr. Harrison told those present that Brian Cummings couldn’t make it due to “family problems” and he was indisposed. He thanked those here for attending and asked for apologies.

Apologies were given for Cllr Pat Williams, Stella Elliott and Cllr Les Rowlands.

Item 1 Members’ Code of Conduct – Declarations of Interest

Cllr Denise Roberts declared an interest in item 5 (correspondence received by the Chair) as she was named in the correspondence.

Cllr Denise Roberts declared an interest in item 4, in respect of the meeting on 6/1/2010.

Cllr Chris Blakeley asked Cllr Denise Roberts if it was item 5 she was declaring an interest in?

Surjit Tour asked Cllr Denise Roberts if it was item 5 she was declaring an interest in?

Cllr Denise Roberts confirmed it was item 5 she was declaring an interest in.

Cllr Ann Bridson declared an interest in item 5.

Surjit Tour asked if there were any more who wished to declare an interest in item 5?

Deputy Mayor Gerry Ellis apologised and said he “didn’t think”.

Cllr Ann Bridson wanted to ask legal advice on an interest matter.

Surjit Tour said that for information, it was being recommended that item 5 be dealt with as an exempt item. Therefore he said the public could not be present for item 5 and any councillors who had declared a prejudicial  interest could not be present either. Mr Tour said they could however wait in the corridor until item 5 was over, rejoin the committee after item 5 and he would explain the decision. The discussion and debate would be exempt and it was in their [the councillor's affected] interests not to take part.

Cllr Ann Bridson asked about item 4?

Cllr Denise Roberts said she had made a mistake with item 4, one referred to herself and Cllr Bridson.

Cllr Chris Blakeley said that item 5 does refer to the four women.

Cllr John Salter jokingly asked why Cllr Chris Blakeley wasn’t in here?

Cllr Simon Mountney responded to the joke by referring him to pages 66 and 67. The committee laughed.

Surjit Tour said Cllrs Roberts and Bridson both had a personal and prejudicial interest in item 5. They would therefore have to withdraw from the meeting when it was considered. He asked if the committee was happy for him to advise them in private session or open session? Would he be able to do this?

Cllr Ann Bridson asked if they would be in or out?

Surjit Tour said she would be out, then in.

The Chair said it was just like cricket and thanked Surjit Tour for his advice.

Item 2 Minutes

The Chair asked if they agreed the minutes of the meeting held on the 29th September 2011? He asked if all agreed to the above, and they said yes they did.

Item 3 Implications of the Localism Act on the Standards Regime – UPDATE

The Chair said this was on pages seven to fifty-four of the agenda.

Surjit Tour said they must be proper and thorough. He was providing an update on the implications of the Localism Act 2011 which had implications for the standards regime, Members’ Code of Conduct and Standards Committee. The changes happening from 1st July 2012 as mentioned in 4.3, were outlined in an explanatory note giving an indication of the timetable. The original date of 1st April 2012 had been changed to 1st July 2012, which gave a greater lead in time.

There would be further guidance from the Department of Communities and Local Government about the pecuniary interest which was difficult to explain. Appendix 2 had a new draft Code of Conduct. Put together with the national changes, it would be used as a basis to invite discussion and debate with the new Code being adopted.

Mr Tour said it was coming in across Merseyside and would hopefully be easier to administer. Appendix 2 contained a draft Code of Conduct to consider. The report also recommended to set up a Working Group to allow further discussion on the new amendments. The new regime would come into effect as of the 1st July 2012. Paragraph 4.10 summarises the key areas.

Mr Tour continued by stating there was no longer a requirement under the Act to have a Standards Committee. However, in order to administer arrangements it was a helpful vehicle. There was no obligation to have a Members Code, but they did have to have a new Members Code of Conduct which would be a requirement. The new role for independent persons was different to Independent Members. The nature of the role, description and approval would require amendment. They had to have at least one independent person.

This person would be consulted. There would still be a requirement on those covered by the Code to keep the Register of Interests up to date. It would be to the discretion of the Committee, as to the procedure regarding conduct matters. He then explained about dispensations (once they existed) and the protocol (in the unlikely event) that a matter should be referred to the police.

The new rules covered eight critical areas. Before 1st July 2011 as outlined at 4.11 they needed to set up a Working Group. The terms of reference were outlined at 3.1. Mr. Tour finally asked if there were any other items or issues?

The Chair asked if there were any items he wanted to draw attention to?

Surjit Tour said on page twelve there were various points in the explanatory note. S. 27 placed a duty on Wirral Council to promote and maintain high standards of conduct on Wirral Council. The other thing was the issue of sanctions. There were issues regarding decisions made outside of jurisdiction. The advice obtained may be considered.

A formal letter or censure was fine. Removal was limited as sanctions were up to political groups and not a sanction that could be imposed. Press releases and publicity was not an issue. There was no longer a reference to a special obligation not to publish and it would be to their discretion as to whether confidentiality still extended to the matter.

On the issue of allowances it was doubtful as to whether these could be withheld as it would be deemed to be unlawful. Even if an allegation related to access to confidential information, further access to confidential information by councillors couldn’t be restricted.

The appointment of the independent person could cause some difficulty due to the legal restrictions on conflicts of interest. This Surjit Tour felt would lead to a loss of knowledge and experience. He reiterated that an independent person was different to an Independent Member.

Cllr Chris Blakeley said it would have to commence by the 1st July. He said it was an awful lot of change. A lot of councillors and Members couldn’t understand the current system. Therefore it was difficult for people to comply, he realised however that ignorance wasn’t a reason. He felt that if they go down that route with a draft Code of Conduct, they had to get the message across to councillors and Members. His personal view was that although they don’t have to have a Standards Committee, was that it was easier to continue with the Code and just transpose the old one to the new one. It had served them well for four years, the difference being was that the sanctions would come out. It was just a suggestion.

Surjit Tour said it was at their discretion but there were some changes as the ten principles had been reduced to seven. There was no reason why they couldn’t adopt the old Code of Conduct as the new Code of Conduct.

Cllr John Salter said that they would have to have training on it between now and July to highlight this, he thought training would only take a couple of hours.

Cllr Bill Davies said he had been on a lot of subcommittees, when members of the committee were ill they sent deputies, it meant the deputies needed training too. Another idea was to exchange with other councils, but he did feel deputies should be included in the training.

The Chair said it was essential especially in the spirit of the matter. In his view training was very important. Anyone sitting or deputising must be trained.

Cllr Ann Bridson said to bring them down to earth she had spotted some misprints.

On page 9, in 4.11 “4.8” should read “4.10“.

On page 22, the first principle was “SELFISHNESS” but this should read “SELFLESSNESS“.

The Chair joked and said it was “not really a mistake”.

Cllr Bridson said adding to what other people have said, she wanted to look at what we’ve got and went on to make a point about training for everyone and deputies.

Cllr John Salter said he encouraged everyone in the Council to have training.

Cllr Ann Bridson said that “everyone should know their limitations”.

Cllr John Salter said they could swap with Liverpool City Council.

Cllr Chris Blakeley said he would prefer it to be pan-Merseyside rather than twelve here, twelve in Liverpool, five authorities, two of them with fifteen person committees. He said it would bring consistency.

The Chair said it was in the pipeline.

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Cabinet 12th January 2012 AOB – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 2


Before I write this up, I need to (to be ethical) state a raft of conflicts of interest as I have been overcharged by Wirral Council’s Social Services in the past in the time period around 2004-2005. However the money has since been refunded to me.

There are further many conflicts of interest I now have and to be ethical have to declare (what I can) about two of the four councillors named in the decision notices.

1) I am now a member of the Birkenhead Liberal Democrats and so are Cllrs Ann Bridson and Cllrs Pat Williams.
2) I have previously been a member of the Birkenhead Liberal Democrats and have are Cllrs Ann Bridson and Cllrs Pat Williams.
3) I am now a member of the North West Liberal Democrats and so are Cllrs Ann Bridson and Cllrs Pat Williams.
4) I have previously been a member of the North West Liberal Democrats and so have Cllrs Ann Bridson and Cllrs Pat Williams.
5) I am now a member of the Liberal Democrats and so are Cllrs Ann Bridson and Cllrs Pat Williams.
6) I have previously been a member of the Liberal Democrats and so have Cllrs Ann Bridson and Cllrs Pat Williams.
7) I have previously been a member of the Wirral West Liberal Democrats and so has Cllr Ann Bridson.
8) Although, not at the time of writing I have in the past been elected as a political party office holder for both the Birkenhead Local Party and Wirral West Liberal Democrats at the same time as Cllrs Ann Bridson with respect to Birkenhead and Wirral West and Cllrs Pat Williams with respect to Birkenhead. These positions were:-

a) past office holder of the Birkenhead Liberal Democrat Constituency Executive at the same time as Cllrs Bridson and Cllrs Williams
b) past office holder as Federal Conference representative (Birkenhead Local Party) at the same time as Cllrs Bridson and Cllrs Williams
c) past office holder as North West regional conference representative (Birkenhead Local Party) at the same time as Cllr Bridson
d) past office holder as North West regional conference representative (Wirral West Local Party) at the same time as Cllr Bridson

I am also have two further undisclosed interests of Cllr Bridson and one of Cllr Williams. I’m not willing at this point to declare what these are, just to state they exist. I have delayed writing this report of the Cabinet due to the need to read the report and appendices which total 529 pages.  The following documents were published on Wirral Council’s website for this agenda item.

Report of Chief Executive (14 A4 pages)

Appendix 1 AKA Final Report (249 A4 pages)

Appendix 2 Martin Smith report by North West Employers into claims made by Martin Morton (276 pages)

Appendix 4A (Standards for England Decision Notice) Cllr Pat Williams (1 A4 page)

Appendix 4B (Standards for England Decision Notice) Cllr Moira McLaughlin (1 A4 page)

Appendix 4C (Standards for England Decision Notice) Cllr Denise Roberts (1 A4 page)

Appendix 4D (Standards for England Decision Notice) Cllr Ann Bridson (1 A4 page)

There are also the draft minutes are on Wirral Council’s website. There is also more information that has been known to us for some time in this matter which involves some of the Appendices to the AKA Final Report.

I have previously written about Appendix 9 here.

Scrutiny Programme Board 4th January 2012 Part 1, Declarations of Interest, Minutes


Present

Councillors
Cllr Andrew Hodson (Chair)
Cllr Simon Mountney (Vice-Chair)
Cllr Patricia Glasman (Spokesperson)
Cllr Ann Bridson (Spokesperson)
Cllr Ron Abbey
Cllr Chris Blakeley
Cllr Pat Hackett
Cllr Adam Sykes
Cllr Jerry Williams

Officers
Mark Delap, Committee Clerk
Surjit Tour, Head of Legal and Member Services
Another Wirral Council officer

Two members of the public.

The Chair, Cllr Andrew Hodson said good evening to everyone and commented on the fact that Cllr Bridson was looking better since he’d last seen her, but was not looking 100%.

Cllr Ron Abbey said there’d been no improvement in the Chair.

The Chair, Cllr Andrew Hodson said it had been three weeks since he’d seen Cllr Bridson and she looked a lot better. He asked those present to turn their mobile phones off. Cllr Hodson then asked councillors if they had any declarations of interest to make.

1. Declarations of Interest

Cllr Patricia Glasman asked for advice on a declaration of interest.

Cllr Tony Smith arrives late and apologised for being late.

Cllr Patricia Glasman says that it is about her role as Chair of the Health and Wellbeing Overview and Scrutiny Committee and the work of the Health and Wellbeing Board.

Surjit Tour replied that it was up to Cllr Glasman if she wished to declare an interest.

2. Minutes

The Chair, Cllr Andrew Hodson asked if members of the Committee were happy with the minutes [of the meeting held on the 8th September 2011]

Cllr Bridson said on page three, the top item there was a summary of complaints made against councillors that had led to a vibrant discussion. She said she had asked for costs to be presented, this had been agreed and noted.

Surjit Tour said he was happy to give to councillors this information as soon as possible.

Cllr Bridson said it was important the public knew how much they were spending when making inappropriate complaints.

Cllr Blakeley said it had been referred to the Standards Committee.

Surjit Tour said he would check it and apologised.

Cllr Chris Blakeley said it had gone to the last Standards Committee meeting, however some final costs had yet to be decided.

The Chair, Cllr Hodson said he wanted it minuted.

Election Expense Simon Holbrook Page 7 Prenton Wirral Council 2011 B Unsolicited material to electors


B Unsolicited material to electors
Item Receipt/ Item/ Name and address Date paid Value £ Amount Notional Disputed
no invoice service of supplier (unless paid £ value £ /unpaid
on invoice/receipt
1 YES PRINTING PRINTING.COM@GUD DESIGN 20 BALLS RD PRENTON CH43 5RI 24/5/11 £151 00 £151 00
2 YES PRINTING PRINTING.COM.@GUD DESIGN 24/5/11 £180.00 £180.00
3 YES PRINTING PRINTING.COM.@GUD DESIGN 24/5/11 £306 £306
4 YES PRINTING WIRRAL ALLIANCE PRINT SERVICES 29, SHREWSBURY ROAD, PRENTON, CH42 2AB 3/6/11 £443.61 £443.61
NO 2 TELLERS PADS FROM. AGENTS STOCK. -  £4
NO 4, 100 ENVELOPES FROM AGENTS STOCK -  £40
NO 4, 100 ADDRESS LABELS FROM AGENTS STOCK -  £5
Sub-totals £1080.61 £1080.61  £49

Election Expense Simon Holbrook page 7 Prenton Wirral Council 2011 B Unsolicited material to electors

Election Expense Simon Holbrook Page 6 Prenton Wirral Council 2011 A Advertising


A Advertising
Item Receipt/ Item/ Name and address of supplier Date paid Value £ Amount Notional Disputed
no invoice service (unless on invoice/receipt) paid £ value £ /unpaid
 NIL
Sub-totals

Election Expense Simon Holbrook page 6 Prenton Wirral Council 2011 A Advertising

Election Expenses: 2011 (Wirral Borough Council) Prenton ward Candidate: Simon Holbrook Agent: Margaret Ann Bridson Page 5


Section 4 Donations

Please tell us about any amount of money provided by the candidate to meet election expenditure – if no money has been provided enter 0 (zero)

Total value        £ 0

Enter the total value of all donations worth up to the cash value of £50.00. No further details are required about these donations

Total value      £ 100

Total value of donations worth more than £50.00

Total value     £ 1035

Total donations accepted £ 1135

This amount should be greater than or equal to total spending – see 3a and 3b

Total impermissible donations rejected  £ 0

Election expenses Simon Holbrook Page 5 Prenton Wirral Council 2011 Section 4 Donations

Election Expenses: 2011 (Wirral Borough Council) Prenton ward Candidate: Simon Holbrook Agent: Margaret Ann Bridson Page 3


Page 3/18 Election expenditure form for election to Wirral Borough Council. Prenton ward. Simon Holbrook. 2011. Original form text in black, handwriting in red here (for emphasis) but not on B&W photocopy is in black.

Mark as on candidate’s declaration


PR/SH

Return of candidate spending: Local government election in England and Wales
Section 1 Details of candidate and election
Local Authority WIRRAL METROPOLITAN BOROUGH
Ward/District PRENTON
Electorate 10, 908
Date you became a candidate 26th MARCH 2011
Date of election 5th MAY 2011
Date election result declared 6th MARCH 2011
Candidate name SIMON ANDREW HOLBROOK
Registered Party LIBERAL DEMOCRATS.
Spending Limit £1,145.40
Section 2 Details of agent
Election agent’s name MARGARET ANN BRIDSON
Date election agent appointed 26th MARCH 2011
I am the agent responsible for delivering the return of candidate’s expenses under the Representation of the People Act 1983 X
I am the candidate and I was my own election agent. I am responsible for delivering this return of candidate’s expenses under the Representation of the People Act 1983

Election Expenses Simon Holbrook Page 3 Prenton Wirral Council 2011 Section 1 Details of candidate and election Section 2 details of agent

Council (Wirral Council) 12/12/2011 Part 5 Agenda Item 6 Matters Requiring Approval By The Council, Item 7: Matters for Noting, Item 8: Questions


Agenda Item 6: Matters Requiring Approval By The Council

The Mayor asked for agreement of items (i)  Minute 175 (Cabinet – 3/11/11) – Provision for Inflation 2012/13, (ii) Minute 198 (Cabinet – 24/11/11) – Insurance Fund Budget 2012/13  and (iv)  Minute 211 – Council Tax Base 2012/13.

Items (i), (ii) and (iv) were agreed.

Items (iii) Minute 210 – Corporate Plan 2012/13, (iv) Minute 215 – Capital Programme and Financing 2012-15 and (vi) Minute 216 – Budget Projections 2012-15 in accordance with Standing Order 7(2) were dealt with as Agenda Item 10 (Matters for Debate).

Agenda Item 7: Matters for Noting

Minute 232 (8/12/11) – Local Account (Reason – waiving of call-in) was noted.

Agenda Item 8: Questions

The Mayor invited Mr. John Brace (a member of the public) to address his first question to Cllr Steve Foulkes. John Brace addressed his question to Cllr Steve Foulkes. Cllr Steve Foulkes answered his question. John Brace addressed his supplementary question to Cllr Steve Foulkes. Cllr Steve Foulkes answered his supplementary question. Cllr Jeff Green wanted to ask a supplementary question but was refused permission by the Mayor.

For a transcript and video of this part of this agenda item see Part 1.

Cllr Pat Williams addressed a question to Cllr Harry Smith (Cabinet Member for Streetscene and Transport) about 20mph zones.

Cllr Harry Smith answered Cllr Pat Williams’ question.

The Mayor asked Cllr Pat Williams if she had a supplementary question.

A question of Cllr Ann Bridson (representing Prenton) was asked by Cllr Stuart Kelly of one of Wirral Council’s Merseytravel representatives on the subject of a new station for Prenton and Beechwood on the Bidston – Wrexham Borderlands line as well as electrification.

The question was answered by the Merseytravel representative.

The Mayor asked Cllr Ann Bridson (and Cllr Stuart Kelly) if they wished to put a supplementary question.

Standards Committee 4th July 2011 – Item 6 – Exempt Information – Exclusion of Members of the Public, Item 7 Review of a Standards Complaint


Cllr Chris Blakeley said there was a piece of work being undertaken by the Scrutiny Programme Board to look at the work processes and how flows and blockages were happening.

Ken Harrison said he would like it minuted if ok, asking if they had the manpower with sufficient staff or was it the case that existing staff were not capable? He had listened to this “time after time”.

Bill Norman said it was “part capacity and part priorities”, however it would have “a higher priority than hitherto”. Cllr Chris Blakeley asked about enlisting the help of other authorities to speed it up?

Brian Cummings said it shouldn’t be taking two to three years to deal with the public. There was no other business raised by committee members so the meeting ended.

Since the meeting the agenda on Wirral Council’s website has been reordered to remove item 6. Therefore agenda item 7 has become agenda item 6. The report for this item can be read here with the appendices here.

Please note this blog post uses the original numbering of agenda items, not the changed agenda that Wirral Council changed a day after the meeting on their website to remove item 6.

The original agenda distributed at the meeting had the following added as agenda item 6:

EXEMPT INFORMATION: EXCLUSION OF MEMBERS OF THE PUBLIC

The public may be excluded from the meeting during consideration of the following item of business on the grounds that they involve the likely disclosure of exempt information.

The grounds given were paragraph 7c of Part 1 of Schedule 12A of the Local Government Act 1972, however as you can see here by reading the legislation there isn’t a paragraph 7c.