Agenda and minutes

Dispensation Panel, Standards Committee - Friday, 12th November, 2021 10.00 am

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Venue: Virtual Meeting

Contact: Shirley Cooke 

Items
No. Item

1.

Declaration of Interest

To receive any declaration of interest from a Member or Officer regarding any item of business.

Minutes:

No declaration of interest was received.

2.

Exclusion of the Press and Public pdf icon PDF 91 KB

To consider adopting the following:-

 

“Under Section 100 (A) (4) of the Local Government Act 1972, to exclude the press and public from the meeting during the discussion on the following item on the grounds that it may involve the disclosure of exempt information as defined in Schedule 12A of the said Act and in the attached Public Interest Test.”

Minutes:

It was considered and RESOLVED Under Section 100(A)(4) of the Local Government Act 1972, to exclude the press and public from the meeting during discussion on the following item on the grounds that it involved the disclosure of exempt information as defined in Schedule 12A of the said Act, and in the Public Interest Test presented.

3.

To Consider an Application for Dispensation

To consider an application for dispensation.

Minutes:

The Director of Function (Council Business)/Monitoring Officer reported that a joint application for dispensation was made by 7 Members of the Executive to overreach prejudicial interests in relation to the “Anglesey Digital Schools Strategy and Cwmni Cynnal Cyf.”.

 

The Application identified the business in which the Members wished to participate, the type of dispensation sought, and the statutory grounds upon which the Application was made.

 

Following advice from the Director of Function (Council Business)/Monitoring Officer, the Panel concluded the following:-

 

1.  The interest constitutes a personal interest within the definition in the Code of Conduct/Ombudsman’s Guidance.

2.  The interest is a prejudicial interest within the meaning of the Code of Conduct.

3.  There are no “dispensations” within the Code of Conduct which would enable the Applicants to participate.

4.  The Applicants would be precluded from participation/decision making and would be unable to discharge an Executive function.

5.  Consequently, the Executive would be unable to achieve a quorum without the granting of a dispensation.

6.  Dispensation was granted to all 7 Applications.

 

It was RESOLVED that the Dispensation be granted to all 7 Applicants in accordance with the following wording, to:-

 

  write to officers [and/or the Executive/Committee/Council] about the issue;

  speak to officers of the Council about the issue, who are not Trustees or Board Members of Cwmni Cynnal Cyf., provided a note is taken of any such discussions;

  speak at Executive/Committee/Council meetings and answer any questions about the issue;

 remain in the room during any debate/voting on the issue (available where a Member has a disability);

  vote at such meetings;

  participate fully in any public meetings and meetings of any outside bodies etc;

  dispensation so granted to expire on 9 May 2022.

 

It was noted that the Members granted a dispensation must declare their personal and prejudicial interests, and the fact that they have been granted a dispensation by the Standards Committee, at every relevant meeting when discussing and/or voting in meetings.

 

The dispensation is granted under Para 81(4) of the Local Government Act 2000 under the following grounds:-

 

  “If no fewer than half of the members of the relevant authority or of a committee of the authority, by which the business is to be considered has an interest which relates to that business”.

 

  “if no fewer than half of the members of a leader and cabinet executive, by which the business is to be considered has an interest which relates to that business, and paragraph (d) or (e) also applies”.

Action:

 

The Director of Function (Council Business)/Monitoring Officer to:-

 

  write to the 7 members of Anglesey County Council named in the Application, confirming the Panel’s grant of a collective dispensation;

permitting each member to write, speak and vote on all matters relating to that business.

  confirm the grant of dispensation with the Head of Democratic Services.

  report to the Standards Committee on the use made of the dispensation.