Agenda and minutes

Standards Committee - Tuesday, 5th March, 2024 7.00 pm

Venue: Cabinet/Committee Room - 52 Derby Street, Ormskirk L39 2DF

Contact: Helen Peek 

Items
No. Item

29.

Apologies

Minutes:

An apology for absence was received from the Chairman, Councillor Yvonne Gagen.

30.

Membership of the Committee

To be apprised of any changes to the membership of the Committee in accordance with Council Procedure Rule 4.  This rule should only apply to the Standards Committee in exceptional circumstances and if the nominated substitute has been appropriately trained.

Minutes:

In accordance with Council Procedure Rule 4, the Committee noted the termination of Councillor Y Gagen, and the appointment of Councillor G Dowling for this meeting only, thereby giving effect to the wishes of the Political Groups.

31.

Declarations of Interest pdf icon PDF 112 KB

If a Member requires advice on Declarations of Interest, he/she is advised to contact the Legal and Democratic Services Manager in advance of the meeting.   (For the assistance of members a checklist for the use in considering their position on any particular item is included at the end of this agenda sheet).

Minutes:

There were no declarations of interests.

32.

Urgent Business

Note: No other business is permitted unless, by reason of special circumstances, which shall be specified at the meeting, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency.

Minutes:

There were no items of urgent business.

33.

Public Speaking pdf icon PDF 125 KB

Residents of West Lancashire, on giving notice, may address the meeting to make representations on any item on the agenda except where the public and press are to be excluded during consideration of the item.  The deadline for submission is 5.00pm on Thursday 29 February 2024.    A copy of the public speaking protocol and form to be completed is attached.

Minutes:

There were no requests made under this heading.

34.

Minutes pdf icon PDF 67 KB

To receive as a correct record the minutes of the last meeting of the Committee held on 19 September 2023.

Minutes:

RESOLVED:   That the minutes of the meeting held on 19 September 2023, be received as a correct record and signed by the Chairman, subject to reference to Councillor David Westley under minute 21, being amended to read 'Borough' Councillor, not 'Parish' Councillor.

35.

Parish/Town Council Representatives pdf icon PDF 92 KB

To Consider the report of the Head of Legal and Democratic Services, and supporting appendix, regarding the Nominated Parish Councillors to be appointed to Standards Committee.

Additional documents:

Minutes:

Consideration was given to the report of the Head of Legal & Democratic Services, as contained on pages 7 – 12 of the Book of Reports, which sought approval for the appointment of a Parish Council Representative, (Application at Appendix 1) for appointment to Standards Committee, and if supported; to request the extension of the existing Parish Councillor Representative's Term

of Appointment to coincide with the new appointment.

 

RESOLVED:

 

A.    That it be noted that following consideration of two Nominees to fulfil two Vacant Parish/Town Council Representative Positions on Standards Committee, the appointment of Councillor Andrew Grant, as Parish/Town Council Representative on Standards Committee, for a term of three years, ending May 2026, was supported by Standards Committee 19 September 2023, and endorsed by Council 18 October 2023. The other Nominee was deemed unsuitable therefore it was agreed that Standards Committee would proceed with one appointed Parish Councillor Representative and one Vacancy, until such time that an application was received for the vacant position.

 

B.    That the Application (at Appendix 1) for appointment to the Vacant Position, be supported by Standards Committee, and the Minutes be submitted to Council for endorsement on 17 April 2024, to:

 

                           I.          Appoint the Applicant Councillor Derrick Moss as Parish Council Representative for the term of three Years, ending May 2027, and;

 

                         II.          The term of appointment of the existing Parish/Town Council Representative, Councillor Andrew Grant, be extended, to co-inside with the newly appointed Parish/Town Council Representative, with both Terms ending May 2027.

36.

Complaints Statistics Report pdf icon PDF 32 KB

To consider the report of the Head of Legal and Democratic Services & Monitoring Officer.

Minutes:

Consideration was given to the report of the Head of Legal and Democratic Services, as contained on pages 13 to 14 of the Book of Reports, which provided statistical information in relation to Standards Complaints.

 

RESOLVED:   That it be noted that the Council has not received any formal complaints under the Members Code of Conduct between 19 September 2023 (the last meeting) and 5 March 2024.

37.

General Dispensation To All Councillors pdf icon PDF 174 KB

To consider the report of the Head of Legal & Democratic Services requesting

to grant a dispensation to members to allow them to continue to speak and vote at Council meetings in relation to relevant lines in the budget and specific functions of the Council.

Additional documents:

Minutes:

Consideration was given to the report of the Head of Legal and Democratic  Services, as contained on pages 15 to 22 of the Book of Reports, which sought approval to grant a dispensation to Members to allow them to continue to speak and vote at Council meetings in relation to relevant lines in the budget and specific functions of the Council.

 

RESOLVED:

 

A.    That a dispensation be granted, until 13 September 2028, to all

Members who have disclosable pecuniary or pecuniary interests in

relation to relevant lines in the budget to allow them to participate and

vote in budget debates.

 

B. That a dispensation in the following terms be granted until 13 September 2028 to all Members and Co-opted Members of the Borough Council and all Members of the Parish Councils in West Lancashire (insofar as it is applicable and within the Committee’s powers):

“Subject to you disclosing the interest at the meeting, you may attend a meeting and vote on a matter where you have a disclosable pecuniary or pecuniary interest that relates to the functions of the council in respect of:-

 

(i)          housing where you are a tenant of your authority provided that those functions do not relate particularly to your tenancy or lease.

 

(ii)         school meals, or school transport and travelling expenses where you are parent or guardian of a child in full time education, or are a parent governor of a school, and its does not relate particularly to the school which the child attends.

 

(iii)       statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or entitled to the receipt of, such pay.

 

(iv)       an allowance, payment or indemnity given to members.

 

(v)         any ceremonial honour given to members; and  

 

(vi)       setting council tax or a precept under the Local Government Finance Act 1992."

38.

Independent Person Protocol pdf icon PDF 46 KB

To consider the report with supporting appendix, of the Head of Legal and Democratic Services regarding a review of the Independent Person Protocol.,

 

Additional documents:

Minutes:

Consideration was given to the report of the Head of Legal and Democratic Services, as contained on pages 23 to 26 of the Book of Reports, which sought to review the Independent Person Protocol (at Appendix 1).

 

Comments and questions was raised in respect of the following:

·       The appointment process of the Independent Persons

·       The meaning, context and origin of the wording "offer authoritative and impartial advice"

 

RESOLVED:   That the Independent Person Protocol, attached at Appendix 1 to the report, be approved.

39.

Work Programme pdf icon PDF 93 KB

To note the work programme and consider any items for inclusion.

Minutes:

RESOLVED:             That the work programme be noted.

40.

Date of Next Meeting

To note the next meeting will be held on Tuesday 17 September 2024.

Minutes:

RESOLVED:   That the next Standards Committee be held on 17 September 2024, at 7:00pm.