Agenda and minutes

The Chair welcomed to the meeting Members and members of the public. In view of the large number of members of the public in attendance she also asked that committee members and officers introduce themselves.

Apologies for absence were received from Alderwoman Susan Langley and Dan Large (Co-opted).

There were no declarations.

To consider the public minutes of the meeting held on 3 May 2019.

The public minutes of the meeting held on 3 May 2019 were considered and approved as a correct record.

MATTERS ARISING

Review of Local Government Ethical Standards by the Committee on Standards In Public Life (page 11) – A Co-opted Member questioned when further reports relating to various recommendations could be expected by the Committee. The Chair clarified that work on these matters was already underway and that the first such report would be brought to the Committee in early 2020.

To receive the minutes of Dispensations Sub (Standards) Committee meetings held on:

a)    3 July 2019; and

b)    4 September 2019

The Committee received the minutes of the Dispensations Sub (Standards) Committee meeting held on 3 July 2019 and the draft minutes of the Dispensations Sub (Standards) Committee held on 4 September 2019.

RECEIVED.

Report of the Comptroller and City Solicitor.

The Committee considered a report of the Comptroller and City Solicitor relative to a formal review of the Dispensations Policy.

The Chair introduced the item by stating that the Committee had looked at the experience of the first six months of the policy which was introduced in March 2019. The petition submitted in relation to this, Wardmote resolutions, comments from the Barbican and Golden Lane Residents Associations and points made at the informal meeting of this Committee last month had also been taken into account.

The Chair intimated that she intended to hold discussion today on dispensations to speak, dispensations to vote, Section 618 and procedural matters in turn, in that order. She added that, for dispensations to speak and procedural matters, her note at Item 5A. may prove useful and that for all of the issues, the basic information was contained within the Comptroller’s report.

The Chair went on to highlight that the Localism Act was clear in that anyone with an engaged DPI may neither speak nor vote without a dispensation and that, to obtain a dispensation, at least one of the statutory grounds must be met.

She concluded her introduction by clarifying that the Committee’s concern today was rooted in finding the best balance between representing constituents and avoiding conflicts of interest. The policy had to meet the requirements of the Law and the organisation’s own Code of Conduct and protect individual Members and the Corporation from challenge.

Dispensations to speak

The Chair clarified that dispensations to speak for up to four years on council tax and general housing matters, and to speak as a member of the public on planning and licensing matters, were currently delegated to the Town Clerk. Today, she would like to seek the Committee’s views on whether and, if so how far,

Joint report of the Comptroller and City Solicitor and the Chamberlain.

The Committee considered a joint report of the Comptroller and City Solicitor and the Chamberlain setting out the position in relation to the potential personal liability of the Corporation’s Independent Persons appointed under the Localism Act 2011 when carrying out their duties and the recommendations of the Committee on Standards in Public Life that local authorities provide indemnities to their Independent Persons in relation to their comments during the discharge of their duties.

RESOLVED – That Members approve the proposal in the report for onward approval by the Court of Common Council to indemnify and/or insure Independent Persons (through the extension of the Corporation’s Defamation Cover) against awards of damages or expenses incurred arising out of the disclosure of any comments made in good faith during the exercise of their statutory functions as Independent Persons.

Report of the Town Clerk.

The Committee considered a report of the Town Clerk providing Members with an overview of the annual update to the Members’ Declarations which commenced in July 2019.

In response to questions, the Town Clerk clarified that there was no statutory requirement for an annual update to take place. The Code of Conduct requires Members to maintain an up to date register and the guidance provides for an annual reminder to be sent for this purpose. The Town Clerk also highlighted the disappointing response rate from both elected and relevant Co-opted Members to date.

With this in mind, it was recognised that the amount of time currently dedicated by Officers to undertaking this piece of work was not sustainable given the response rates. It was therefore proposed that, whilst a completely hands-off approach would not be desirable, the Town Clerk should be instructed to simply issue an annual reminder to all Members and Co-optees to check and update forms where necessary. The onus would therefore be on individual Members/Co-optees to manage their own entries. Current arrangements around the chasing and logging of such updates would cease.

RESOLVED – That Members note the report and instruct the Town Clerk to move to a system whereby Members were simply reminded, on an annual basis, to take responsibility for checking and updating their entries.

Joint report of the Town Clerk and the Comptroller and City Solicitor, with an excerpt from the minutes of the Policy and Resources Committee meeting held on 4 July 2019.

The Committee received a joint report of the Town Clerk and the Comptroller and City Solicitor, alongside an excerpt from the Policy and Resources Committee meeting held on 4 July 2019, concerning the management of the City Corporation’s three independent schools and the extent to which the parents of current pupils can and should be able to serve as Governors.

RECEIVED.

Report of the Executive Director of Mansion House & Central Criminal Court.

The Committee considered a report of the Executive Director, Mansion House and Central Criminal Court, updating Members on the Lord Mayor and Shrieval declarations of gifts and hospitality for the year 2018/19.

Members questioned whether was necessary for the Committee to continue to receive this level of information. The Executive Director confirmed that it was a requirement under the Code of Conduct for this information to be kept and published online regardless.

The Committee thanked the Executive Director for his time but were unanimously of the view that the report needn’t be submitted to this Committee in future years.

RESOLVED – That Members note the report.

There were no questions.

There were no additional, urgent items of business for consideration.

MOTION – That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of the Schedule 12A of the Local Government Act.

The Chair thanked members of the public for their attendance.

RESOLVED - That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of the Schedule 12A of the Local Government Act.

To consider the non-public minutes of the meeting held on 3 May 2019.

The Committee considered and approved the non-public minutes of the meeting held on 3 May 2019.  

A Member questioned the outcome of the discussion around the proposal for granting blanket dispensations to speak to be given to Members for the duration of their terms of office that had taken place in public session under Item 5.

The Committee considered and approved a late, separately circulated report of the Town Clerk relative to Co-opted Member Appointment(s).