Agenda item

The Standards Committee is asked to consider and approve written requests from Members of the Court of Common Council, for dispensations in relation to beneficial interest in land within the area of the City of London Corporation.

The Committee were informed that the new Standards regime, under the provisions of the Localism Act 2011, did not replicate the former general exemptions which allowed Members to vote on a number of matters in which they would otherwise have had a prejudicial interest. However, the City of London Corporation may, following a written request, grant a dispensation for a Member to take part in any discussion and vote on a matter in which they have a disclosable pecuniary interest, in some circumstances.

Following the introduction of the new Standards arrangements by the City of London Corporation in October 2012, it was anticipated that the only matters likely to require dispensations were those relating to the following, where a Member has a beneficial interest in land within the area of the City of London Corporation:-

• Housing (where the Member holds a lease or tenancy from the City, as long as the matter does not relate to their particular lease or tenancy); and

• The setting of council tax or a precept under the Local Government

Finance Act 1992.

Consequently, all Members were advised in writing on 8November 2012 about the new arrangements in respect of declaring interests and invited to submit a written request for a dispensation from the Standards Committee, to allow them to speak and vote on housing and council tax issues if they have a relevant interest in land within the City.

The Comptroller & City Solicitor referred to a recent circular from the Department for Communities and Local Government (DCLG) stating that Members do not require a dispensation for council tax setting under the Localism Act 2011.  The Committee was advised that whilst acknowledging the sentiment, which was to remove red tape, the circular had no legal force.  Previous incarnations of the standards regime had recognised the need for a dispensation and it was not clear that the situation was any different under the current legislation.  Given that a breach of the requirements could constitute a criminal offence, it was recommended that the written requests for dispensations that had already been submitted and were before Members should be considered to provide extra assurance, particularly as these requests also concerned housing matters on which the DCLG letter was silent.  It was confirmed that further requests for dispensations would be invited following the Ward elections in March 2013.  The practice going forward would then be reviewed.

The Committee noted that the dispensations would last for four years and that all newly elected Members would, after the March Ward elections, be invited to request a written dispensation within 28 days of taking office.  A request to all returning Members to update their Register of Interest and/or request a dispensation would also be circulated to ensure that all records were accurate.  Thereafter, an annual reminder to all Members to review and update their forms would be circulated via the Town Clerk’s Department.

In respect of the list of dispensation requests before the Committee, it was noted that additional requests had been received following circulation of the agenda for the following Members: Angela Starling, Henrika Priest and Simon Duckworth. 

In respect of paragraph 8 of the report and submission of completed Members’ Declaration Forms, it was noted that to date, all Members, bar 2, had completed and returned their forms.  This information was now being compiled in the Committee Management System with a view to publishing the data at the earliest opportunity.

RESOLVED: That:-

(i)         the Committee approve the written requests for a dispensation that had been received to date, as set out in the report, and including Angela Starling, Henrika Priest and Simon Duckworth; and

(ii)        those dispensations granted have effect for four years as of 8^th February 2013.