Meeting documents

1

DECLARATION OF INTEREST

Upon the advice of the Monitoring Officer, Mrs.C.Thomas withdrew from discussion and voting on Items 4 and 5 of the Agenda.

2

MINUTES

Minutes of the Standards Committee meeting held on 19 August 2004 were confirmed and signed.  There were no matters arising on the minutes.

3

ADOPTING CHANGES TO THE CONSTITUTION OF THE STANDARDS COMMITTEE

A report by the Solicitor to the Monitoring Officer in respect of the above was submitted for information.

Members noted that the County Council, at its meeting held on 21 September 2004, resolved to change the Membership of the Standards Committee in that the Committee would not have County Councillors as Members. It also resolved to have a membership of 6, 5 Independent Members and 1 Community Council Representative. The responsibilities of the Community Council representative would be restricted to sitting on the Standards Committee only when it discharged functions in relation to Community Councils and Community Council Members. In addition, Regulation 14 of the Local Government Investigation (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001 was confirmed so that a person making oral

representations to the Standards Committee may have representation including legal

representation.

Concern was expressed regarding the limited number of Independent Members on the Standards Committee and the possibility of problems occurring due to the Committee being non-quorate in the event of Members being unable to attend meetings.

RESOLVED:-

3.1

to accept the report and its attachments and to note the contents;

3.2

to request Officers to note concerns regarding the limited membership of the Committee and to request  guidance from the Officers regarding this issue as a matter of urgency;

4

TO RECEIVE A REPORT ON THE OUTCOME OF THE QUEEN ON THE APPLICATION OF ELWYN SCHOFIELD  -V - ISLE OF ANGLESEY COUNTY COUNCIL - Case Ref. No. CO/6169/2003.

Submitted for information - a report by the Director of Legal and Committee Services / Monitoring Officer drawing attention to an Application made to the High Court for Judicial Review, the claimant having sought to challenge the decision of the Standards Committee of the 19th August 2003 when they considered a complaint against, at that time, 3 members of the County Council.

The Court proceedings were defended and on 18th February 2004, the Application for Judicial Review was refused. The Judge concluded, inter alia, that the decision of the Standards Committee was lawful and the Court ordered that the Council's legal costs and disbursements be paid by the Claimant. The costs have been paid and the matter therefore concluded. There is no further avenue of challenge or appeal.

RESOLVED to accept the report and note the contents.

5

TO CONSIDER AN APPLICATION FOR A DISPENSATION BY

COUNCILLOR JOHN ARTHUR JONES.

The Chair invited the Monitoring Officer to present the background to the application by Councillor John Arthur Jones for a dispensation to allow him to take part in discussion and voting on applications under consideration at any meeting of the Council relating to the clients of BV(UK) Limited and/or general issues of housing and planning policy, including the UDP, insofar as they may affect the interests of BV(UK) Limited and/or its clients. Councillor Jones is the Landlord of Best Value UK Ltd., sited at Parc Cefni, Llangefni and receives rent.

The Monitoring Officer drew attention to a letter received on the afternoon of 26th July 2005 from Councillor Keith Thomas drawing the Committee's attention to the fact that he has sent a complaint to the Ombudsman for Wales regarding Councillor Jones and requesting that the Committee did not proceed to discuss the application for dispensation.

The Chair asked Councillor Jones whether, in view of the letter from Councillor Thomas, he wished to proceed with his application for dispensation. Councillor Jones confirmed in the affirmative that he wished to proceed.

The Monitoring Officer stated that as Councillor Jones wished to proceed, the Committee would need to decide whether or not the Committee was prepared to proceed given that its Members had had little time to consider the content of Councillor Thomas' letter which they should discuss. She advised the Committee to consider the late receipt of the letter, the vagueness of the reference to the complaint to the Ombudsman, the fact that the dispensation would not be retrospective and that Councillor Jones was entitled to make his application.  There would need to be good reasons for refusal to proceed. The Monitoring Officer also took the view that the Committee would not prejudice itself by considering the application for a dispensation as no conflict yet exists. There may be conflict in the future if the Ombudsman accepts the complaint from Councillor Thomas

and it relates to the same matter. If that proves to be the case the complainant and the public's interests could still be served by the complaint being decided by the Ombudsman.

The Chair invited the Committee to withdraw into private session to discuss  the contents of  Councillor Thomas' letter and to decide whether or not they wished to proceed with Councillor Jones' application. The Committee withdrew into private session.

The Committee returned to public session and the Chair announced the Committee's unanimous decision that Councillor Jones' application should be heard. The Chair invited Councillor Jones to present his application to the Committee.

(An interest Pursuant to Section 81 (1) and (2) of the Local Government Act 2000 had previously been registered by Councillor Jones).

The application dated 5th July 2005 was submitted pursuant to SI 2001 No.2779 (W169) Local Government for Wales. The relevant sections relied upon were paragraphs 2(d) (f) and (g).

Councillor Jones is the Landlord of Best Value UK Ltd., situated at Parc Cefni and as such he receives rent from the Company creating a personal interest under paragraph 5.1.3.4 (i).

Councillor Jones argued that, pursuant to paragraph 2(d), having divested himself, in December 2004, of any direct pecuniary interest in the Company as director and shareholder, his existing interest as landlord/recipient of rent is sufficiently remote that his participation would not damage public confidence pursuant to paragraph 2(d).

He explained his qualifications, training and background at the Council and with Best Value (UK) Limited which he considered established particular expertise that would justify his participation in the relevant matters pursuant to paragraph 2(f).

Many of the matters in which he would expect to be involved, subject to receiving the dispensation, would be considered by an overview and/or scrutiny committee pursuant to paragraph 2(g).

Members of the Committee questioned the applicant and sought advice from the Monitoring Officer regarding the legal test to be applied.

RESOLVED :

The Standards Committee hereby provides a dispensation to Councillor John Arthur Jones to allow him to take part in discussion and voting on any matters under consideration at any meeting of the County Council (as defined at paragraph 5.1.1.2 of its Constitution) insofar as those matters relate to:-

5.1

the Clients of best Value (UK) Limited and / or

5.2

general issues pertaining to Housing and / or Planning Policy, including the UDP, insofar as they may affect the interests of Best Value (UK) Limited and / or its Clients;

For the avoidance of doubt, this dispensation does not extend to matters relating to any specific application made by or on behalf of Best Value (UK) Limited, or any associated company, for the direct benefit of Best Value (UK) Limited or any associated company.

Any reference to Best Value (UK) Limited will include, if appropriate, its successors.

The Dispensation is granted under Paragraphs 2(d) 2(f) and 2(g) of SI2001 No.2279 (W169).

DR GWYNETH ROBERTS

CHAIR