Issue - meetings

The report of the Deputy Monitoring Officer relates to whether requests for dispensations should continue to be dealt with by the full Standards Committee or delegated to a Sub-Committee of the Standards Committee.

The Standards Committee considered the report of the Deputy Monitoring Officer which addressed the new regulations in respect of the granting of dispensations.

Part 4 of the Standards Committee (Further Provisions) (England) Order 2009 set out the provisions which now governed the handling of applications for dispensations under the Code of Conduct.  Additionally, S.54A(1) of the Local Government Act 2000 allowed this function to be dealt with by a Sub-Committee of the Standards Committee.

The Standards Committee (or its Sub-Committees) could grant dispensations if it was satisfied that where the transaction of business of an Authority would, but for the grant of any other dispensation in relation to that business, on each occasion on which the dispensation would apply otherwise be impeded by, or as a result of, the mandatory provisions because –

(i)    the number of Members of the Authority prohibited from voting on the business of the Authority at a meeting exceeds 50% of those Members that, but for the granting of any dispensations relating to that business, would otherwise be entitled to vote on that business; or 

(ii)   the number of Members prohibited from voting on the business of the Authority at a meeting would, but for the granting of any dispensations relating to that business, upset the political balance of that meeting to such an extent as to prejudice the outcome of voting in that meeting.

The Guidance from Standards for England (formerly the Standards Board for England) acknowledged that Standards Committees could sub-delegate the function to its Sub-Committees.

The Committee was invited to consider whether requests for dispensations should continue to be dealt with by the full Standards Committee, or delegated to a Sub-Committee of the Standards Committee.

Members discussed the likelihood of requests for dispensations, and on balance, agreed that it would not be necessary to create a Sub-Committee for this purpose, nor add this function to one of the existing Sub-Committees.  In the event of any urgency, a meeting of the full Standards Committee could be convened.

RESOLVED:  That the function of granting dispensations continue to be dealt with by the full Standards Committee.