Elected Members
- Councillor B J Fagan
- Councillor J A O’Neill
- Councillor Mrs J Prescott
- Councillor R T Splaine
- Councillor F B Walker
Independent Members
- Mr G Wood (Chairman)
- Mr P G Pennington
- Mrs P A Wheal
Parish Council Members
- Councillor Mrs M A Thompson (Haigh)
- Councillor J Ball (Shevington)
36 Apologies for Absence: Apologies for absence were received from Councillor Mrs S Dewhurst, P Thompson, Mr D Lea and Mr R Kidd.
37 Minutes: The Minutes of the meeting of this Committee held on 25 September 2007 were approved as a correct record.
38 Exclusion of the Public - Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reason set out below:-
| Agenda Item No. |
Title of Report |
Minute No. |
Description of Exempt Information by reference to the Paragraph Number in Schedule 12A of the Local Government Act 1972 |
| E1 |
Local Investigation |
44 |
1 (Information about any named person).
The public interest in making the exception is that the Standards Board itself does not publish the decision as they have not been the subject of a full investigation
|
Items not subject to confirmation by the Council
39 Adjudication Panel for England/Ethical Standards Officers Decisions: There were none.
40 Parish issues (if any): Councillor J Ball informed the Committee that he would no longer be attending future meetings of the Standards Committee.
Resolved: The Committee expressed their thanks for Councillor J Ball’s contribution to the Committee and wished him well for the future.
41 Standards Board for England Direction – response to consultation: The Committee considered a report on the appropriate steps the Council should take in response to the Direction given from the Standards Board (minute 35 refers).
The Committee was advised that a consultation exercise had been undertaken with all Members of the Council and with senior officers. The outcomes that were identified from the actions to be taken in response to the Direction were:-
- a reduced number of complaints against Members of the Council:
- an improved political dialogue whereby there was a reduction in the number of personalised attacks and a more appropriate level of political debate;
- all Members would carry out their role as Members whilst respecting the roles of other Members and officers; and
- Member/officer relationships were founded on mutual respect and co-operation.
- Members were advised that the levels of complaints had been remarked upon by the Council’s external Auditors and have a direct impact upon the Council’s CPA scoring.
The Committee’s views were sought as to how the Council should further respond to the Direction from the Standards Board for England.
Resolved: The Committee requests that the Monitoring Officer, in conjunction with the Chairman, arrange a meeting with the leaders of each political group to discuss the following issues raised by the Committee:-
- how improved discipline can be exercised by political groups to prevent their members submitting complaints to the Standards Board for political purposes;
- to agree restrictions on references to complaints made to the Standards Board in political leaflets or press statements to reduce the possible political use of complaints;
- to investigate other mechanisms to encourage Members to seek to resolve complaints against other Members or officers other than by reference to the Standards Board; and
- to approach external advisers to help pursue both training for Members and the introduction of a mediation scheme.
42 Standards Board Conference – report of the Chair of Standards Committee: The Chairman informed the Committee of the key issues that had been identified following the Standards Board conference in Birmingham on 15 and 16 October 2007.
Resolved: the Committee notes the report.
43 Discussion period: No issues were raised.
44 Standards Board decisions: (a) Case SBE 20000.07: The Committee considered the findings of the Referrals Unit for the Standards Board for England in the above mentioned case. This related to an allegation that a Member:-
- had claimed to be representing Wigan Council at a meeting outside the boundaries of the borough when this was not the case;
- had persistently refused to conform to the rules of debate as instructed by the Chair;
- had sought to intimidate and bully members of the meeting; and
- had brought his office and authority into disrepute
The Standards Board for England noted that the Member had attended a meeting of the Irlam and Cadishead Community Committee on 15 March and 17 May 2007 in his capacity as a Councillor. It was further noted that there was some disruption to the meeting on 17 May in that the Member had raised issues that were not on the agenda and had interrupted others who were speaking.
The Standards Board for England noted that whilst the complainant had taken exception to the Members conduct at these meetings, it was recognised that disagreements between members and community groups could occasionally occur. Although this may be unsettling for some, it was not considered that such behaviour necessarily disclosed a potential breach of the code of conduct. The Standards Board for England recognised that Members were entitled to express their views and sometimes this would go over and above the general rules of debate.
In the circumstances outlined, the Standards Board for England did not consider that the alleged conduct demonstrated a pattern of behaviour over a period of time that amounted to potential bullying or intimidation. Furthermore, it was not considered that the Member’s alleged conduct had the potential to bring his office and authority into disrepute.
The Standards Board for England decided that the allegation should not be referred to an ethical standards officer for investigation. Having taken account of the available information, the Standards Board for England did not believe that a potential breach of the Code of Conduct was disclosed. The Standards Board for England made no finding of fact.
The Committee considered written comments from the Member concerned.
Resolved: The Committee accepts the report.
(b) Case SBE20207.07: The Committee considered the findings of the Referrals Unit for the Standards Board for England in the abovementioned case. This related to an allegation that at a by-election count which took place on 18 October 2007, a Member had invited an individual to the count as part of his official political party contingent and in doing so had brought his and others’ office into disrepute.
On the basis of the information provided, The Standards Board for England considered that the Member’s presence at the count and any invitation that he chose to make was conduct that related to his private capacity. In this regard it was noted that the Member was attending as an agent for one of the candidates and it was not considered that attending election counts was part of the functions of a Councillor.
The code of conduct only applied to Members whenever they acted in their official capacity, including whenever they conducted the business of their authority or acted, claimed to be acting or gave the impression they were acting, in their official capacity or as a representative of their authority. The Standards Board for England determined that this did not appear to be the case here and therefore the code did not apply.
The Standards Board for England decided that the allegation should not be referred to an ethical standards officer for investigation. Having taken account of the available information, the Standards Board for England did not believe that a potential breach of the Code of Conduct was disclosed. The Standards Board for England made no finding of fact.
Resolved: The Committee accepts the report.
