Venue: Phoenix Chambers, Phoenix House, Tiverton
Contact: Laura Woon
Democratic Services Manager
Link: audio recordings
Items
No. |
Item |
14. |
APOLOGIES AND SUBSTITUTE MEMBERS
To receive
any apologies for absence and notices of appointment of Substitute
Members (if any).
Minutes:
There were no apologies received.
|
15. |
PUBLIC QUESTION TIME
To receive any questions from
members of the public.
Minutes:
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16. |
MINUTES PDF 202 KB
To consider whether to approve the minutes as
a correct record of the meeting held on 19 June 2024.
Minutes:
The
minutes of the previous meeting were APPROVED as a
true record and signed by the Chair.
|
17. |
DECLARATIONS OF INTEREST UNDER THE CODE OF CONDUCT
To record any interests on agenda matters.
Minutes:
No
interests were declared under this item.
|
18. |
CHAIR'S ANNOUNCEMENTS
To receive
any announcements the Chair of the Committee may wish to
make.
Minutes:
The
Chair had no announcements to make.
|
19. |
AMENDMENTS TO THE CONSTITUTION PDF 31 KB
To
consider any amendments to the Constitution in the period since the
last meeting.
Minutes:
The
Committee NOTED the amendments to the
constitution.
|
20. |
DISCLOSURE BARRING SYSTEM (DBS) WORKING GROUP PDF 342 KB
To
receive a report from the DBS Working Group on Disclosure Barring
System (DBS).
Additional documents:
Minutes:
The Committee had before it, a
report * from the Director of Legal, HR & Governance
(Monitoring Officer) on the Disclosure Barring Service (DBS) for
working group report.
The Director of Legal, HR &
Governance (Monitoring Officer) outlined the content of the report
with particular reference to the following:
- This was an
update to Cabinet Members on the outcomes of the Standards Working
Group who considered DBS checks for Members.
- The Working
Group consisted of Cllrs Luke Taylor (Leader), James Buczkowski
(Cabinet Member for Finance, Risk & Governance) and Andrea
Glover (Chair of Standards Committee).
- The
outcomes were in the report and the Safeguarding guidance notes and
DBS checks was included.
- An update
to the report on the financial implication were now £21.50 It
had increased, therefore to carry out the DBS checks it would be
via a third party provider with a total cost of
£38.48.
- The cost
for 42 members would be a total of £1616.16.
The following was
discussed:
- There was a
lot of discussion around the different parts and of the validity of
conducting DBS checks and no actions taken from central government
on Councillors to have a DBS Check.
- The most
important part was trust from the electorate and for them to feel
safe and secure when present with a Councillor.
- Within 2.6
of the report following consultation with the Head of Paid Service
and Safeguarding Lead (where safeguarding issues), the Head of Paid
Service would discuss the matter with the relevant member in
consultation with Leader of the relevant Political Group and advice
provided on any steps that should be taken. What about ungrouped
members.
- Would the
Chair of the Council not be a relevant person to consult with for
those members that were ungrouped?
- The DBS to
be transferable to other activities members were involved
in.
- What would
happen given that there was no legislation or government procedure,
if the councillor just simply refused to submit the DBS or did not
authorise it being shared with the group leader. What would
happen?
- The code of
conduct was based on legislation and/or government guidance,
whereas the DBS was not.
- The Council
should write to government to mandate enhanced DBS
Checks.
- Would the
DBS be published in the public domain and the risks this would
have.
- The
legislation stated ‘you cannot stand for election’ if
you had been convicted of a crime within the past five
years.
- What would
the values be to the Council if Councillors had a DBS
check?
- The DBS
check would be a small part of the guidance and procedures in
regards to safeguarding Councillors.
- This would
be a safeguarding measure for the residents.
It was therefore RESOLVED the Standards Committee recommend to Full Council
that:
a)
DBS checks are mandatory for all Members from May
2027 onwards;
b)
That any member can voluntarily have a DBS check
from January 2025 until May 2027 when they become
mandatory;
c)
The Head of Housing & Health is delegated to
make any necessary changes to the Corporate ...
view the full minutes text for item 20.
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21. |
GOVERNMENT CONSULTATION - ENABLING REMOTE ATTENDANCE AND PROXY VOTING AT COUNCIL MEETINGS PDF 281 KB
To
receive a report from the Monitoring Officer on the Government
Consultation Enabling remote attendance and proxy voting at Council
meetings and to provide a response to the Council’s
position.
Minutes:
The Committee had before it, a
report * from the Director of Legal, HR & Governance
(Monitoring Officer) outlining the Government Consultation,
enabling remote attendance and proxy voting at Council
meeting.
The Director of Legal, HR &
Governance (Monitoring Officer) outlined the content of the report
with particular reference to the following:
- ‘Enabling remote attendance and proxy voting at local
authority meetings’, with the consultation closing on the 19
December 2024.
- This
consultation seeks views on the detail and practical implications
of allowing remote and hybrid attendance at local authority
meetings.
- The
possible introduction of proxy voting for those occasions when an
elected member, due to personal circumstances, may be unable to
attend even remotely. For example, during maternity, paternity or
adoption leave.
- The
Standards committee to debate and review ahead of the response
being submitted after it would be presented to Full Council next
week.
The following was
discussed:
- The Motion
563 from the 19th of May 2020.
a) This Council resolved to hold all member
briefings and working/advisory groups (where practicable) remotely
in the future which would aid the reduction of carbon emissions and
provided significant savings on Members travel expenses.
b) This Council agreed to lobby central Government
requesting that Regulation 5 of the Local Authorities and Police
and Crime Panels (Coronavirus) (Flexibility of Local Authority and
Police and Crime Panel meetings) (England and Wales) Regulations
2020 be extended past May 2021 and be formed into new legislation
allowing Members to have the option to attend any meeting of the
Council either in person or remotely.
- Members
that were present when meetings were online and had the flexibility
to keep their function as a Councillor.
- Measures
that would be in place for those attending and distractions that
may take place with meetings being held online.
- The option
for hybrid meetings rather than just online, the engagement from
members in a room.
- Full
Council to remain in person only for Councillors to come
together.
- Question 5
of the consultation and the figures that had been put
forward.
- That remote
attendance at meetings was generally welcomed across the
committee.
- The Members
of the Committee did not wish to see a return to fully remote
meetings.
- The role of
Chair should be in person for meetings.
- Further
discussions would be required on how the Council might implement
the changes.
- Setting
rules around attendance of meeting online or if they were not to
attend similar to the rules around sending substitutes to
meeting.
- Physical
presents of members, officers and Members of the public
present.
- On
occasions where a person was unwell, should they be attending
meetings at all, even remotely?
- Remote
meetings would be helpful in cases of inclement weather (flooding,
snow etc) and would allow the meeting
to still take place and that attendance and voting would be
recognised.
- The
Standards Committee expressed concerns over this particular
proposal, with the governance of the proposal being of significant
concern.
- A lack of
clarity of how proxy voting would work when amendments were
...
view the full minutes text for item 21.
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22. |
COMPLAINTS
To
receive an update from the Monitoring Officer with regard to any
on-going complaints being dealt with.
Minutes:
The
Committee NOTED a verbal update from the Director
of Legal, People and Governance (Monitoring Officer) which provided
an update on complaints received.
The following was
highlighted:
- Since the
last standards committee on the 19th of June, the Monitoring
Officer had received two code of conduct complaints regarding 3
town and parish Councillors and 8 in total of code of conduct
complaints regarding three district Councillors.
The following was
discussed:
- The
concerns on the benefit on the numbers of complaints.
- Were there
any themes of reoccurrence or issues with certain
Councils?
- To have a
better understanding at the next meeting of those complaints upheld
and this information not to be in the public domain.
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23. |
IDENTIFICATION OF ITEMS FOR THE NEXT MEETING
Members are asked to note that
the following items are already identified in the work programme
for the next meeting:
Minutes:
The Committee requested that
the following be on the agenda for the next meeting:
- The Code of
Conduct Complaints appeal procedures.
- Guide to
making a complaint about a Councillor review.
- Protocol of
good practice.
- The regular
reporting of complaints to have further details, those upheld and
if any common themes.
- To Review
the Scheme of Delegation on Committees and Advisory Group including
the terms of reference, but not the Policy Development
Group.
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