Agenda item

The Committee is asked to consider written requests for a dispensation from a

number of Members.

The majority are in relation to forthcoming discussions relating to the charging policy for car parking and stores at the Barbican Residential Committee.

A further dispensation has also been received from a newly elected Common Councilman relating to housing/matters relating to Golden Lane Estate.

Written requests for a dispensation from Randall Anderson (Common Councilman for the Ward of Aldersgate), Deputy David Bradshaw (Common Councilman for the Ward of Cripplegate), Deputy Joyce Nash (Common Councilman for the

Ward of Aldersgate) and Susan Pearson (Common Councilman for the Ward of

Cripplegate) are attached.

N.B. - Any further written requests received will be tabled at the meeting.

The Committee considered a total of twelve written requests for dispensations from the following Members:

·       Randall Anderson (Common Councilman for the Ward of Aldersgate);

·       Deputy David Bradshaw (Common Councilman for the Ward of Cripplegate);

·       Mary Durcan(Common Councilman for the Ward of Cripplegate);

·       Gregory Lawrence (Common Councilman for the Ward of Farringdon Without) ;

·       Deputy Edward Lord (Common Councilman for the Ward of Farringdon Without) (TABLED);

·       Deputy Joyce Nash (Common Councilman for the Ward of Aldersgate);

·       Barbara Newman (Common Councilman for the Ward of Aldersgate);

·       Susan Pearson (Common Councilman for the Ward of Cripplegate);

·       William Pimlott (Common Councilman for the Ward of Cripplegate) ;

·       Stephen Quilter (Common Councilman for the Ward of Cripplegate) (TABLED);

·       Oliver Sells QC (Common Councilman for the Ward of Farringdon Without);

·       Deputy John Tomlinson (Common Councilman for the Ward of Cripplegate)

It was noted that the majority of the requests were in relation to forthcoming discussions relating to the charging policy for car parking and stores at the Barbican Residential Committee. The Chairman therefore suggested that these requests be dealt with first.

The Comptroller and City Solicitor reiterated the relevant criteria against which dispensations might be granted. He added that the composition of the Barbican Residential Committee (BRC) requires representation from resident Members. He reported that, under the previous Standards Regime, this was specifically excluded from being a prejudicial interest and so, in the past, dispensations had been approved.

A Member reported that the quorum for these Committee meetings was defined as any four non-resident Members and that this was a deliberate attempt to anticipate these types of issues. The Comptroller and City Solicitor agreed that this meant that the criteria for granting a dispensation which stated that ‘without the dispensation the proportion of Members and Co-opted Members prohibited from participating in any particular business would be so great as to impede the transaction of the business’ would not be met in this case.

Members commented that this kind of context was extremely useful when considering these requests and suggested that, in future, covering reports from the Comptroller and City Solicitor setting out the relevant criteria and context on a case by case basis would be useful. The Comptroller and City Solicitor agreed to provide such covering reports going forward.

Members were generally of the view that there should be a clear distinction in terms of speaking and voting on matters where Members had clear, disclosable pecuniary interests as might be the case with car parking.

In response to questions regarding car parking spaces for Barbican Residents, a Member (also the serving Chairman of the BRC) reported that, whilst all tenants and leaseholders may rent or purchase a lease on car parking spaces, there is no entitlement to car parking in leases to flats. There were now proposals to convert underused spaces to storage.

Members were of the view that each request should be viewed on its individual merit and that the Committee should also be very aware of public perception and pay due regard to the Principles of Public Life.

In response to further questions, the Comptroller and City Solicitor clarified that dispensations were entirely permissive in nature and did not impose any restrictions on speaking or voting where no such restrictions otherwise exist.The Committee should therefore assume for present purposes that the dispensations being sought were required in order to participate.

Members requested that the Comptroller and City Solicitor produce a report for their next meeting on the need for dispensations in relation to the setting of council tax.

The Committee were of the view that Delegated Authority should be granted to the Town Clerk, in consultation with the Chairman and Deputy Chairman of the Standards Committee, to take decisions on any subsequent applications for dispensations received ahead of the next Standards Committee meeting.

RESOLVED: That the following decisions be communicated to Members:

• Randall Anderson – Partially Granted - A dispensation be granted until the ward Elections in 2021 to speak at meetings where the charging policy for Car Parking and Stores in the Barbican were under consideration but the request for a dispensation to vote on such matters, should he have a disclosable pecuniary interest, be refused;

• Deputy David Bradshaw – Rejected – The Committee felt that further information was required and that the application was too wide reaching by requesting to speak and/or vote on any matter impacting on either Barbican or Golden Lane residents;

• Deputy Joyce Nash – Partially Granted - A dispensation be granted until the ward Elections in 2021 to speak at meetings where the charging policy for Car Parking and Stores in the Barbican were under consideration but the request for a dispensation to vote on such matters, should she have a disclosable pecuniary interest be refused;

• Mary Durcan – Partially Granted - A dispensation be granted for a specific meeting of the Barbican Residential Committee on 5^th June 2017 only to speak on the charging policy for Barbican car parking and storage spaces charging but the request for a dispensation to vote on such matters be refused (N.B. The limited duration of the dispensation reflects the application);

• Barbara Newman – Partially Granted - A dispensation be granted from 16/5/17 to 1/8/17 to speak at meetings where Car Parking charges were under consideration but the request for a dispensation to vote on such matters, should she have a disclosable pecuniary interest, be refused(N.B. The limited duration of the dispensation reflects the application) ;

• William Pimlott – Partially Granted - A dispensation be granted until the ward Elections in 2021 to speak at meetings where Parking for Barbican Residents was under consideration but the request for a dispensation to vote on such matters, be refused;

• John Tomlinson  - Rejected - The Committee felt that further information was required and that the application was too wide reaching by requesting to speak and/or vote on any matter at the Barbican Residential Committee and the Community & Children’s Services Committee;

• Stephen Quilter (tabled)  – Partially Granted - A dispensation be granted until the ward Elections in 2021 to speak on Car Parking and Baggage Stores in the Barbican at meetings of the Barbican Residential but the request for a dispensation to vote on such matters be refused;

• Susan Pearson – Rejected - The Committee felt that further information was required (particularly in terms of which criteria the Member considered had been meant where no explanation was provided) and that the application was too wide reaching by requesting to speak and/or vote on any housing and other matters to do with Golden Lane Estate;

• Gregory Lawrence – Partially Granted - A dispensation be granted until the ward Elections in 2021 to speak on all matters concerning the London Central Markets, other than those in which he has a disclosable pecuniary interest as a shareholder or director of any company which holds a tenancy in the market, and which would affect only him personally or his business interests as opposed to the generality of the tenants within the market. The request for a dispensation to vote on such matters be refused;

• Oliver Sells QC – Rejected - The Committee felt that further information was required and that the application was too wide reaching by requesting to speak and/or vote on any matter relating to his residency in the City of London and membership of the Inner Temple;

• Deputy Edward Lord – APPLICATION WITHDRAWN BY DEPUTY EDWARD LORD.