STANDARDS COMMITTEE |
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Minutes of the meeting held on 27 January 2010 |
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1. DECLARATION OF INTEREST |
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There was no declaration of interest by a Member or Officer. |
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2. MINUTES |
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Minutes of the meeting held on 6th October 2009 were submitted and confirmed as correct. |
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3. APPLICATION FOR DISPENSATION |
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The Chair invited the Monitoring Officer to address the meeting. The Monitoring Officer drew |
attention to the report which had been submitted as part of the Agenda for the meeting. She referred to the relevant parts of the Code of Conduct which Members should bear in mind, in particular:- |
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Part 3 - Personal Interest |
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10(2) - You must regard yourself as having a personal interest in any business of your authority if : |
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(a) it relates to, or is likely to affect - |
(i) any employment or business carried on by you; |
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Prejudicial Interest |
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Part 3 , 12(1) “..... where you have a personal interest in any business of your authority you |
also have a prejudicial interest in that business if the interest is one which a member of the |
public with knowledge of the relevant facts would reasonably regard as so significant that it |
is likely to prejudice your judgement of the public interest.” |
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The Monitoring Officer quoted the following extract from the Statutory Grounds : |
S1 2001 No.2279 (W169( Section 2(f) “the participation of the member in the business to |
which the interest relates is justified by the member’s particular role or expertise” |
as being applicable and being key to the decision which the Committee was being asked to make. She advised Members that they should, in deciding whether or not to grant the |
dispensation, consider the Terms of Reference of the Task and Finish Panel which has been |
set up to consider Strategic Issues regarding the future of the smallholding estate. She also |
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referred to the composition of the Panel and drew attention to the fact that Councillor Hughes |
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would be one of two opposition Members whilst the remaining three Members would be from |
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the ruling group on the Council. Finally, the Monitoring Officer said that should the Committee |
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have misgivings regarding granting a dispensation then it should consider granting the |
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application by imposing conditions and only after that should the Committee refuse the request. |
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The Head of Service (Property) said he had no comment on Councillor Hughes’ application |
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but provided Members with a background to the establishment of the Smallholdings Panel. |
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He reported a significant maintenance problem and lack of funding appertaining to the estate |
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and referred to the need to look at the future requirements/outputs from the estate. He |
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confirmed that the Portfolio Holder for Smallholdings was a Panel and that the remaining |
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Members had been appointed on a political balance. |
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The applicant, Councillor W.T.Hughes believed he has a personal and prejudicial interest, |
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as outlined above, as he is the tenant of a smallholding known as Betws in the village of |
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Cemaes of which the landlord is the Isle of Anglesey County Council. He runs the |
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smallholding as a farming business with his wife. He has been nominated by his Group |
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Leader to be a member of the Smallholding Task and Finish Group and therefore made |
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an application for a dispensation as he believed that his participation is justified by his |
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particular role and expertise. In response to questions from Members of the Committee, |
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Councillor Hughes confirmed that:- |
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Councillor Hughes said he is from a farming background and has been a tenant of Betws |
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since 1973. He believed he could provide feedback on the way tenants feel regarding the |
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role of both tenants and landlord. He believes strongly in providing a future for young people |
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in the farming community and cares very much about nature and the countryside. He felt |
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he could be of benefit to the Panel and would serve on it to the best of his ability. He |
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acknowledged and appreciated that he would not be able to discuss his own smallholding. |
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He confirmed he was confident he could separate his own interest in the event of difficult |
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decisions having to be taken and that he would try to support both the tenants and the staff. |
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He recognised no decent living can be made from a holding of up to 30 acres and that in |
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certain circumstances it would be appropriate to sell the dwelling and add any land to an |
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adjoining smallholding. He believed income generated from the sale of any holding should |
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be used to improve and maintain the estate. Councillor Hughes confirmed he is not a member |
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of any tenant farmer’s group but is an ordinary member of the Farmers Union of Wales. |
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He speaks to many people, particularly in the local livestock market and believes he could |
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ascertain the views of other tenants. He assured the Committee that he would consider |
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any proposal made by the Panel from an objective viewpoint and would support the tenants |
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and/or landlords as he believed appropriate in each decision making process. In closing |
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Councillor Hughes said he had been elected as an Independent Member of the Council and |
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would not allow any political persuasion to influence his decision making. |
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Having listened to the comments made by Officers and the representations made by the applicant, the Chair announced that the Standards Committee would retire to private session to consider its decision. On returning to public session, the Chair announced that a unanimous decision had been reached and that the Committee had : |
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RESOLVED that the Committee had unanimously agreed that Pursuant to paragraph |
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2(f) of Statutory Instrument 2001 No.2279 (W169) Local Government Wales The |
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Standards Committees (Grant of Dispensations)(Wales)Regulations 2001, a |
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Dispensation be granted to Councillor William T.Hughes for the purpose of the |
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work of the Smallholdings Task and Finish Group only. He was granted the right to |
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speak and to vote on the Panel. Councillor Hughes was reminded that he should |
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take no part in any discussion which was specific to his smallholding. |
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The Chair thanked all those present for their attendance and declared the meeting closed. |
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MR J COTTERELL |
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CHAIR |
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