To note the names of any non-members wishing to address the meeting.

The following members were present:

• Mr. K. Gilbert (as observer for items 5 and 6 and, if required, to answer any questions)

• Substitute Standards Committee Members (as observers for items 5 and 6, and for item 7):

Mr. J.P. Labouchere

Mr. M. Eveling

Mr. B. Rayner

Mr. M. Whittley

To consider the above case referred by the Standards Board for England.  The following documents are attached:

(a)    Pre-Hearing Summary Checklist

(b)    Report of the Ethical Standards Officer

Certain of the appendices to the Ethical Standards Officer’s report are considered to contain exempt information and accordingly the Committee is asked to consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following item of business on the grounds that it may involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A to the Act:

• Agenda item 8 - Appendices to the report of the Ethical Standards Officer.”

The following persons were present for the hearing into this matter:

Member Concerned                        Councillor J.P. McCarthy

Ethical Standards Officer’s            

Representative                                 Natalie Birtle

Investigating Officer                         Alex Oram

Legal Adviser to the

Committee                                        John Chinnery, Solicitor & Standards Consultant

Attending Officer                              Miss E. Wilkes, Committee Officer

Observers                                         Watton Town Councillors:

                                                           Mrs. L. McCarthy

                                                           Mr. J. Craigie

                                                           Mr. K.S. Gilbert

                                                           Mrs. J. Seal,

                                                           Clerk to Watton Town Council

                                                           Substitute Members of Standards Committee:

                                                           Mr. J.P. Labouchere

                                                           Mr. M. Eveling

                                                           Mr. B. Rayner

                                                           Mr. M. Whittley

Summary of the Allegation

That Councillor Paul McCarthy, a member of Watton Town Council, failed to declare a prejudicial interest and withdraw from the chamber during the consideration of a planning application on 30 January 2007.  Further, that Councillor McCarthy voted against the planning application and then used his casting vote as chairman of the Watton Town Council’s planning committee to ensure that the council objected to it.

Procedures for the Hearing

The Chairman introduced the Committee and attending Officers and the Legal Adviser to the Committee explained that the hearing would be conducted as follows:

1. To consider the findings of fact as submitted in the Ethical Standards Officer’s (ESO) Report.
   
   
2. To consider whether, in the light of the facts as found, the Member had failed to follow the Code.
   
   
3. If it was found that there had been a breach of the Code, to determine what, if any, penalty there should be.
   
   

At the end of each stage, following consideration of the report and any other information supplied by the Member concerned and the ESO’s Representative, the Committee would retire to consider its decision, which would then be announced.

Consideration was given to whether the appendices to the ESO’s Report should remain exempt or be released into the public domain. 

Councillor McCarthy expressed his concern that the report had been made public before the hearing had taken place.  He felt this was unfair and prejudiced public opinion against him before the Committee had considered the facts.  However, he had no objection to the release of documents after the hearing.

The Legal Adviser explained that it was standard procedure to release as much as information as possible in the interests of transparency.  The ESO’s Representative raised no objection to the release of the documents and stated that the Standards Board for England supported the aim of transparency and that no rule was laid down about when documents should be released.  Some Committees released reports early, while others did so either on the day or after a hearing.  Either practice was acceptable.  However, any prior press reports should be disregarded.

The Chairman indicated that the Council would review its procedures in the light of the concerns raised by Councillor McCarthy to ensure that respect for the individual was maintained.

             RESOLVED that the appendices to the ESO’s Report may be released into the public domain.

Findings of Fact and Reasons

Councillor McCarthy was asked whether he accepted the summary of findings of fact as set out in the ESO’s report, to which  ...  view the full minutes text for item 50.

To consider the above case referred by the Standards Board for England.  The following documents are attached:

(a)    Pre-Hearing Summary Checklist

(b)    Report of the Ethical Standards Officer

Certain of the appendices to the Ethical Standards Officer’s report are considered to contain exempt information and accordingly the Committee is asked to consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following item of business on the grounds that it may involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A to the Act:

• Agenda item 9 - Appendices to the report of the Ethical Standards Officer.”

The following persons were present for the hearing into this matter:

         Member Concerned                      Councillor L. McCarthy

         Ethical Standards Officer’s

         Representative                               Natalie Birtle

         Investigating Officer                       Alex Oram

         Legal Adviser to the

         Committee                                      John Chinnery,

                                                                  Solicitor & Standards Consultant

         Attending Officer                            Miss E. Wilkes, Committee Officer

         Observers                                       Watton Town Councillors:

Mr. J.P. McCarthy

Mr. J. Craigie

Mr. K.S. Gilbert

                                                                  Mrs. J. Seal, Clerk to Watton Town Council

Substitute Members of Standards Committee:

Mr. J.P. Labouchere

Mr. M. Eveling

Mr. B. Rayner

Mr. M. Whittley

Summary of the Allegation

That Councillor Lorraine McCarthy, a member of Watton Town Council, failed to declare a prejudicial interest and withdraw from the chamber during the consideration of a planning application on 30 January 2007.  Further, that Councillor McCarthy voted against the planning application.

Procedures for the Hearing

The hearing would be conducted as follows:

1. To consider the findings of fact as submitted in the Ethical Standards Officer’s (ESO) Report.
   
   
2. To consider whether, in the light of the facts as found, the Member had failed to follow the Code.
   
   
3. If it was found that there had been a breach of the Code, to determine what, if any, penalty there should be.

At the end of each stage, following consideration of the report and any other information supplied by the Member concerned and the ESO’s Representative, the Committee would retire to consider its decision, which would then be announced.

Findings of Fact and Reasons

Councillor McCarthy was asked whether she accepted the summary of findings of fact as already stated relating to the same meeting considered in respect of Councillor J.P. McCarthy in the ESO’s Report and if she was therefore happy to proceed on that basis, to which she replied she was.

The hearing accordingly commenced on the basis that the findings of fact were as stated in the ESO’s Report.

Councillor McCarthy was invited to respond to the findings in regard to the nature of her interest in the matter concerned.

Councillor McCarthy replied that she had sought advice at the time and had been told that her interest was of a personal nature only.  She had since attended training from which she had learned that she should have declared a prejudicial interest.

The ESO’s Representative was asked if she had anything to add to the report and she asked that the submissions to the final report made by Councillor McCarthy (Form A, appendices pages 1-2) be incorporated as findings of fact.  The Committee agreed to this.

It was confirmed by the Legal Adviser that Councillor McCarthy had attended a standards training session on 20 June 2007 as stated.

When asked if she accepted she had a prejudicial interest in the matter concerned, Councillor McCarthy stated that she had only learned about it afterwards and that from the information given to her when she became a Councillor she had understood that prejudicial interest meant a financial interest.

Councillor McCarthy confirmed she accepted the findings of the ESO that she had breached paragraphs 10(a) and 10(b) of the  ...  view the full minutes text for item 51.

To consider the implications for Standards Committees under The Local Government and Public Involvement in Health Bill.  New Regulations will require changes to the constitution of the Committee to enable complaints about alleged breaches of the Code of Conduct to be fully considered at the local level.

Consideration was given to the implications for Standards Committees under the recently enacted Local Government and Public Involvement in Health Act.  New Regulations would require changes to the constitution of the Committee to enable complaints about alleged breaches of the Code of Conduct to be fully considered at the local level.

At present, although the Act came into force on 30 October 2007, no details were yet available on timescales and the Regulations regarding the provisions on the responsibilities and composition of Committees were awaited.  It was expected that the new regulations would come into force from 1^st April 2008.

Members were concerned to ensure that the Committee was in readiness by 1^st April and that the Council would need to determine the make-up of its Standards Committee by January if the necessary amendments to the Council’s Constitution were to be made in time.

It was agreed that the Chairman and Standards Consultant would seek to obtain further information to enable further consideration to be given at the next meeting.

               RESOLVED that further information be obtained and a report be submitted to the next meeting of the Committee to enable the Committee to consider options and make recommendations to Council.