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A report by the Monitoring Officer providing the Committee
with information regarding both Local Health Boards and Grant of
Dispensations was submitted for consideration.
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In presenting the report, the Monitoring Officer reminded
Members of the background to the Local Health Board and its
Membership as well as drawing attention to the circumstances where
dispensations are required.
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Guidance received from the Welsh Assembly Government in
December 2003 indicates that the Assembly takes the view that
there should be a presumption in favour of granting dispensations
to LHB members where membership of the LHB is the only personal
interest to be declared, in order to enable effective joint
working. However, it was pointed out that it is still important
that the Standards Committee judges each application on its own
merits.
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The Monitoring Officer also drew attention to difficulties
created by the wording of section 5.1.3.7 of the Council's Code of
Conduct for Members which in practice would render such
dispensations granted to LHB Members as ineffective. This is
because membership of a LHB without a dispensation would
normally oblige the member to disclose the fact at the commencement
of the discussion and would allow him/her to speak but not to vote,
and although dispensations can allow members not to have to
withdraw for other types of interest, there is no such provision in
paragraph 5.1.3.7. (i) for a dispensation to change the position in
cases where the personal interest arises by reason of having been
appointed or nominated to another body, such as the LHB by the
Council.
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4.1
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to note the contents of the report including the
Guidance provided by the Assembly and in noting the potential
difficulty in complying with the Guidance, to make observations to
the Welsh Assembly Government that the Code should be reviewed to
overcome this;
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4.2
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to suggest to the Welsh Assembly Government that the
above guidance might be extended in order to refer to other bodies
as well as the LHB;
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4.3
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to endorse the advice that, generally, any
applications by elected Member for dispensations should be made at
the earliest possible stage in order to avoid timing difficulties
in arranging a Standards Committee meeting;
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4.4
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to seek clarification from the Welsh Assembly
Government regarding the term "Block Dispensations";
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4.5
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that the Monitoring Officer's letter to the Welsh
Assembly Government be copied for information to all Members of the
Standards Committee;
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A report by the Monitoring Officer regarding the
introduction of a Single Ombudsman Service for Wales was submitted
for information. The Committee noted that verbal contact with the
Assembly indicates that a Bill is due to be presented to Parliament
around September or the Autumn to further steps towards the
establishment of a single Ombudsman and that an update will be
presented to this Committee when there are any further developments
to report.
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6
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AMENDMENT TO MODEL CODE OF CONDUCT FOR
MEMBERS
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A report by the Monitoring Officer, in respect of the
above, was submitted to the Committee for information.
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The report drew attention to a minor addition to the Code
which results in a clarification and slight relaxation of the Code,
in the event that the Assembly chooses to proceed to enact pension
entitlements for elected members, by allowing a further class
of interest not to be regarded as a personal interest.
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Members accepted the report and noted the amendment for
information.
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Prior to closing the meeting, the Chair referred to the
fact that this would be the final meeting
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for the Monitoring Officer, Julie Openshaw to be in
attendance. On behalf of the Committee, the Chair thanked the
Monitoring Officer for her support and commitment to the Committee
and wished her every success in her new post and for the
future.
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