Agenda and draft minutes

To approve the minutes of the meeting held on 5July 2023 as an accurate record.

The minutes of the meeting held on 5 July 2023 were agreed as an accurate record.

Members are invited to declare any disclosable pecuniary interests (DPIs) they may have in relation to any item(s) of business on today’s agenda.

There were none.

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

There were no items of urgent business.

To consider the Committee work programme for the remainder of the Municipal Year.

The Interim Head of Democratic Services, Adrian May, discussed updates on the work programme. It was advised that whilst there was a recommendation to appoint an Independent Person on the previous agenda, another vacancy for the position of an Independent Person had arisen, appointment would be added to the next meeting.

The Committee agreed to add a good practice review, with particular focus on the role and training needs for the Independent Persons, to the Work Programme.

RESOLVED to note, consider, and comment on changes to the work programme as detailed in the report.

Members must comply with the Members’ Code of Conduct including the requirements around declaring gifts and hospitality. Appendix A to this report provides the details of gifts and hospitality declared by Members since the Committee was last updated on declarations of this nature.

The Interim Head of Democratic Services, Adrian May, discussed the Gifts and Hospitality report covering the last reporting period. It was mentioned that Members who declared gifts and hospitality of the ‘unknown’ value would be asked to provide estimates and the online register would be updated accordingly.

It was acknowledged that Councillor King’s name was mistakenly mentioned in the report, and it would be removed, with apologies to the Committee.

RESOLVED to note any Gifts and Hospitality declarations made by Members since 5 July 2023.

It is a function of Ethics Committee, among other matters to support the statutory role of the Monitoring Officer as set out in Article 9 of the Constitution, including the promotion of high standards of Member conduct and receiving reports from the Monitoring Officer on matters of probity and ethics.

The Director of Legal Services and Monitoring Officer, Stephen Lawrence-Orumwense, introduced the report and discussed the recent decision of the Crown Prosecution Service not to proceed with the prosecution of a former elected mayor of Middlesborough for alleged failures to declare pecuniary interests and details of a Hearings Sub-Committee decision under the Ethics Complaints Process in West Northamptonshire relating to a Councillors pre-determination and related conduct at a planning Committee.

The responsible officers explained the disclosure of interest is an individual responsibility of Members. However, Members are periodically reminded about the need to disclose in the Member’s Bulletin. There would be additional reminders sent before the Budget-setting Council meeting.

It was agreed that the West Northamptonshire case would be shared with the Planning Committee Members.

RESOLVED to note the Recent Development in Ethical Standards Report.

This report sets out the outcome of the review of the Council’s Members Code of Conduct and arrangements for dealing with allegations of breach of the Code. The report confirms that the Council’s arrangements are effective and in accordance with the statutory requirements. There are tidying up amendments required to the Code and the arrangements which will be the subject of a further report to the Committee. 

The Director of Legal Services and Monitoring Officer, Stephen Lawrence-Orumwense, introduced the report arising from recommendations made in the Grant Thornton Interim Auditor’s Annual Report on the London Borough of Croydon (2019-22, 2020-21 and 2021-22).

The Director of Legal Services and Monitoring Officer assured the Committee that the Council’s arrangements were effective and in accordance with the statutory requirements. There were ‘tidying up’ amendments required to the Code and the arrangements which would be the subject of a further report to the Council.

RESOLVED to note the Review of Ethics Arrangement Report.

The Council has determined that the Ethics Committee shall be responsible for receiving and considering reports on matters of probity and ethics.

The Director of Legal Services and Monitoring Officer, Stephen Lawrence-Orumwense, introduced the report arising from recommendations made in the Update on Ethics Complaints Received in the Second and Third Quarters of 2023 report.

In response to the Chair’s question, the officer explained the complaints process. Also, it was explained that under the current arrangement, there was no obligation to notify the Chief Whips.

RESOLVED to note the Quarterly Complaint report.

The Ethics Committee, on the 19 April 2023, due to a vacancy which had arisen, agreed to commence a recruitment process under the provisions of the Localism Act 2011 to ensure a sufficient pool of Independent Persons.

The Interim Head of Democratic Services, Adrian May, introduced the Independent Person Appointment Report.

It was acknowledged that this Report was initially supposed to be discussed in Part B. However, later it was agreed that the report could be made publicly available in discussed in Part A.

RESOLVED, to:

1.     Agree to recommend the appointment of Luisa Zingone as an Independent Person to be agreed on the next Council meeting;

2.     Thank Don Axcell for his valuable service as Independent Person and to note his resignation as Independent Person.

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

It was not necessary to exclude the press and public from any portion of this meeting.

RESOLVED, to move Appendix A – Part B recommendations to the Ethics Committee to the public section of the meeting.

The Part B minutes of the meeting held on 5 July 2023 were agreed as an accurate record.

RESOLVED to note the Quarterly Complaint report.

RESOLVED, to:

1.       Agree to recommend the appointment of Luisa Zingone as an Independent Person to be agreed on the next Council meeting;

2.       Thank Don Axcell for his valuable service as Independent Person and to note his resignation as Independent Person.