Meeting documents
Standards Committee
Tuesday, 8th April, 2014
Present:
Mrs Valerie Bracken (Chair)
Councillors Bell, J. Lane, M. Smith, Mrs Barnes and Town Councillors Carter and Milne.
Also in attendance:
Sandra Stewart (Executive Director Governance / Borough Solicitor) and Pam Williams (Executive Director, Finance).
Apologies for Absence:
Councillors Kitchen and S Quinn, Chief Executive and David Berry.
9. Declarations Of Interest
There were no declarations of interest submitted by members of the Standards Committee.
10. Minutes
The Minutes of the proceedings of the Standards Committee held on 8 October 2013 were taken as read and signed by the Chair as a correct record.
In respect of Minute 3 – Information Governance – the Borough Solicitor advised that the framework had now been published on the Council’s website. Work had been undertaken to ensure suitable training / information was available to staff including on-line training opportunities which had been well received.
Further to Minute 4 – Local Government: General Principles of Conduct for Members and Revised Plain English Guide for Councillors on Open Transparency – the Borough Solicitor confirmed that the reports had been circulated to all Elected Members. She added that training on this matter would be provided to newly Elected Members as part of their induction programme following the Elections on 22 May 2014 to which existing Elected Members would also be invited.
11. Maintaining High Standards Of Conduct During The Elections
The Borough Solicitor advised that the Chief Executive as Returning Officer and Electoral Registration Officer had been assessed by the Electoral Commission as achieving the highest standards in respect of areas of performance. This compared very favourably with other Returning Officers within the Northwest region. The Council wished to maintain its reputation for high standards and it was important, therefore, that whilst the Returning Officers continued to comply with legislation that the ethical governance relating to the process was also maintained in order that the public had confidence in the integrity of the elections. With that end in mind, all candidates and agents would be asked to sign up to the Code of Conduct for political parties, candidates and canvassers on the handling of postal vote applications and postal ballot papers which had been agreed by the main political parties. A copy of the Code would be included in packs candidates received with their nomination papers. The Code covered the following areas, a number of which were re-iterated in other communications from the Returning Officer:
- Postal and Proxy Vote Applications;
- Postal Voting Ballot Papers;
- Campaigning Outside Polling Stations; and
- Complaints and Allegations about Electoral Fraud.
In addition, the Borough Solicitor advised that in April 2008 Tameside Council agreed that all Elected Members would be subject to Enhanced Criminal Record Bureau (CRB) checks. After each election since then the successful candidates had been subject to CRB checks. She advised that criminal records checks were now administered by the Government’s Disclosure and Barring Services (DBS) which took over responsibility from the Criminal Records Bureau on 1 December 2012.
Members were advised that there were now three types of DBS checks, summarised as follows:
- Standard DBS check;
- Enhanced check for Regulated activity; and
- Enhanced DBS check.
The definition of regulated activity was detailed but these were basically activities that the Disclosure and Barring Service could bar people from doing but this did not include being a Councillor. Councillors did not therefore carry out regulated activities and this was true of both pre and post September 2012. In light of this information, the Borough Solicitor recommended that the Council policy of insisting on police checks should continue by ensuring that all successful candidates were subject to a Standard DBS check within 28 days of their election to office.
Resolved:
- That the position adopted by the Returning Officer and the advice to be given to all candidates for the Local Council elections that this Committee expects to be complied with to maintain the high standards of Electoral conduct be noted; and
- That the Council policy of carrying out police checks should continue by ensuring that all successful candidates be subject to a Standard DBS check within 28 days of their election.
12. Consultation On Draft Transparency Code For Parish Councils
The Borough Solicitor advised that the Department for Community and Local Government had issued a consultation document on a draft Transparency Code for Parish Councils with a turnover not exceeding £25,000. A copy of the Code had been circulated to Standards Committee members.
It was explained that the Local Audit and Accountability Act 2014 set out a new audit framework for local authorities. Under the framework, Parish Councils with a turnover not exceeding £25,000 would be exempt from routine external audit. Instead these Parish Councils would be subject to the new transparency requirements laid out in the consultation document. The consultation document stated that information to be published would be:
- All items of expenditure;
- End of year accounts;
- Annual governance statement;
- Internal audit report;
- Location of public land and building assets;
- Agendas, approved minutes and papers for formal meetings; and
- List of councillor responsibilities.
Mossley Parish Council would need to ensure it complied with the new framework under the Local Audit and Accountability Act. At present Mossley Parish Council was above the £25,000 amount referred to in the consultation document and would therefore not be subject to the transparency code as it currently stood.
Resolved:
- That the content of the consultation document on a draft Transparency Code for Parish Councils be noted; and
- That the consultation document be referred to Mossley Parish Council.
13. Whistleblowing
The Borough Solicitor submitted a report explaining that the Council was committed to the highest possible standards of openness, probity and accountability. In line with that commitment, the Council encouraged anyone with serious concerns about any wrongdoing in any aspect of its work to come forward with these concerns. The Council would not tolerate malpractice or wrongdoing and was determined that all instances of malpractice would be fully investigated and the appropriate action taken against all those concerned.
Any disclosures made by employees to the Council and which were intended to shed light on fraud, corruption or malpractice would be protected in accordance with the Council’s commitment to staff set out in the Whistleblowing Policy. The Policy had been in place since 4 July 2000 following recommendations by Standards Committee. It had since been reviewed and updated twice with the last revision in 2007 in consultation with all political groups, the relevant trade unions and professional organisations and the current version was appended to the report. As part of the Council’s commitment to good corporate governance, it was appropriate that the Policy was reviewed.
The Borough Solicitor also made reference to Public Concern at Work, the whistleblowing charity, and leading authority which aimed to protect society by encouraging workplace whistleblowing. In February 2013, Public Concern at Work launched the Whistleblowing Commission chaired by Sir Anthony Hopper to examine the effectiveness of whistleblowing in the workplace and to make recommendations for change. The Commission, an independent body made up to industry and academic experts, had made a number of recommendations for improving whistleblowing across UK workplaces. A copy of the recommendations was circulated for information.
It was noted that the primary recommendation of the Commission was for the Secretary of State to adopt a Code of Practice that could be taken into account in whistleblowing cases before courts and tribunals. The Commission had published a draft Code, designed to help regulators to assess and inspect whistleblowing arrangements and could be adopted by organisations looking to achieve the highest standards in ensuring that workers were encouraged to speak up and listened to.
Public Concern at Work and the Whistleblowing Commission had invited Local Authorities to be amongst the ‘First 100’ to sign up to the principles of their code of practice and work towards compliance with it. Consequently, the Borough Solicitor had been in contact with Public Concern at Work who had indicated their willingness to work with the Council to ensure it was addressing the Code of Practice and offered practical support and assistance.
Members of the Standards Committee welcomed the approach detailed in the report and commented that the Code provided a valuable opportunity for the Council to review its practices. The Code provided a model that the Council may wish to adopt to meet its own practical arrangements and ensure that employees were assured that they would be protected and secure in raising their concerns.
Resolved:
- That the Council adopt the Code of Practice and sign up to be an authorised signatory and the Borough Solicitor be authorised to take the necessary steps to implement this.
- The Borough Solicitor be authorised to recommend to Council any amendments to the Whistleblowing Policy to ensure it complied with the Code of Practice subject to consultation with the Trade Unions.
- That the Borough Solicitor be authorised to work with Public Concern at Work to raise awareness of Whistleblowing throughout the Council and the organisations that the Council works with.
14. Terms Of Office: Independent Members Of The Standards Committee
The Borough Solicitor submitted a report by way of courtesy explaining the terms of office of Independent Members of the Standards Committee and recommendations for appointments for 2014/15. On 24 June 2008, the Standards Committee agreed and recommended to Council, revised membership of the Standards Committee to comply with new regulations and guidance from the Standards Board for England. The guidance recommended that independent members should be appointed on a fixed term of four years and serve no longer than two terms.
At the Annual Council meeting on 10 June 2014, consideration would be given to appointments of persons nominated in accordance with the relevant guidance to the Council’s various panels, committees and outside bodies for the municipal year 2014/15.
In terms of appointments to Standards Committee it was intended that Valerie Bracken and Jacqueline Barnes be recommended to serve as Independent Members on the Standards Committee for 2014/15. However, it would not be possible to recommend the appointment of David Berry owing to him undertaking in excess of the eight years recommended to Council.
Members of the Committee joined the Chair in extending their formal thanks and gratitude to Mr Berry for his commitment and significant contribution to the work of the Committee over the last decade which had assured the high standards of the Council.
Resolved:
That the Standards Committee notes the following recommendations to Council:
- The appointment of Valerie Bracken and Jacqueline Barnes as Independent Members of the Standards Committee for the municipal year 2014/15; and
- That formal thanks be extended to David Berry for his service and contribution during his lengthy service to the Standards Committee.
15. Register Of Interests And Gifts And Hospitality
The Register of Interests and Gifts and Hospitality were made available at the meeting for inspection.
16. Urgent Items
The Chair advised that there were no urgent items for consideration at this meeting.
17. Dates Of Future Meetings
The dates of future meetings of the Standards Committee were noted as follows:
Tuesday 24 June 2014
Tuesday 2 September 2014
Tuesday 25 November 2014
Tuesday 17 March 2015