Meeting documents

Present:

Mrs Valerie Bracken (Chair)
Councillors Bell, J. Lane, S. Quinn, M. Smith, Mrs Barnes and Town Councillors Carter and Milne.

Also in attendance:

Sandra Stewart (Executive Director Governance / Borough Solicitor), Pam Williams (Executive Director, Finance) and Aileen Johnson, Head of Legal Services.

Apologies for Absence:

Councillors Kitchen and the Chief Executive.

1. Declarations Of Interest

There were no declarations of interest submitted by members of the Standards Committee.

2. 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.

Further to Minute 13 - Whistleblowing, the Borough Solicitor stated that Tameside Council would shortly be featuring on the Public Concern at Work website as one of the 100 organisations nationally local authorities who had signed up to the code of practice.

In respect of Minute 14 – Terms of Office: Independent Members of the Standards Committee, the Borough Solicitor advised that following the Annual Council Meeting on 10 June 2014 a letter had been sent from the Civic Mayor to David Berry extending the Council’s formal thanks and gratitude for his significant contribution during his lengthy service to the Standards Committee.

3. Probity In Planning

The Head of Legal Services submitted a report which set out the contents of a revised draft planning code setting out how the Council would maintain high standards of probity in its planning function, in the light of changes to the local government standards regime.

It was explained that the need for a nationally recognised planning code came in response to a series of successful court challenges around the country arising out of Members’ conduct or conflicts of interest when engaged on the work of local planning authorities. It was therefore sensible to adopt a code developed in this way to help protect the Council against challenge in the courts or via the Local Government Ombudsman.

The Local Government Lawyers Group through the Local Government Association had produced a draft model code on the subject of probity in planning in the light of the revisions to the Code of Conduct for Members and the standards regime following the Localism Act 2011, which had been amended for consideration by the Standards Committee. In addition, the draft code also took account of the update to the Seven Principles of Public Life (the Nolan Principles) and the Guide on ‘Openness and Transparency on Personal Interests’ published by the Department for Communities and Local Government in 2013.

The Head of Legal Services stated that the code applied to Elected Members at all times when involving themselves in the planning process. This included taking part in the decision making meetings of the Council in exercising the functions of the Planning Authority or when involved on less formal occasions such as meetings with officers or the public and consultative meetings. It applied as equally to planning enforcement matters or site specific policy issues as to planning applications.

Members of the Standards Committee welcomed the revised planning code and commented that it provided a clear guide to Elected Members of what was expected of them and when to seek advice. In addition, the code would help to explain how the planning process worked to newly Elected Members and members of the public.

Resolved:

1. That the Standards Committee supports the proposals to revise the local ‘Probity in Planning’ protocol in Tameside.
2. That the Committee recommends the revised Planning Code for Members as attached at Appendix A for adoption by Full Council.

4. Conduct During Elections

The Borough Solicitor stated that all candidates and agents had signed up to the Code of Conduct for political parties, candidates and canvassers to ensure the ethical governance relating to the process was maintained at the Local and European Elections held on 22 May 2014.

The Borough Solicitor reported that all candidates and agents as far as she was aware had fully complied with the Code of Conduct and no complaints had been received otherwise.

It was reported that the Electoral Commission had published the performance of the Tameside Elections Office, which was performing above the all Electoral Commission Performance Standards relating to matters of performance, integrity and conduct during the elections and consequently was in the top 10% nationally.

The Chair extended her thanks to candidates and agents for complying with the Code of Conduct during the recent elections. She also congratulated the Returning Officer and his staff on being one of less than 10% national to be performing above all Electoral Commission Performance Standards.

Resolved

That the update be noted.

5. New Member Induction

The Borough Solicitor advised that following the Local Elections in May 2014, five newly Elected Members were currently undertaking an induction programme. On completion of the programme, the Elected Members would be asked to identify any further individual training needs in addition to those provided in the Member Development Delivery Plan, to support them in achieving the skills needed to meet the broad range of responsibilities which come with being a community leader.

Resolved

That the update be noted.

6. Register Of Interests And Gifts And Hospitality

The Register of Interests and Gifts and Hospitality were made available at the meeting for inspection.

7. Urgent Items

The Chair advised that there were no urgent items for consideration at this meeting.

8. Dates Of Next Meeting

It was noted that the next meeting of the Standards Committee would take place on Tuesday 2 September 2014.

Chair