Agenda item

Joint report by the Town Clerk and the Comptroller and City Solicitor. 

With the agreement of the Chairman, the Committee considered a late, separately circulated joint report of the Town Clerk and the Comptroller and City Solicitor setting out a draft future policy and guidance on dispensations under the Localism Act 2011, revisions to the dispensation request form and proposed alterations to the terms of reference of the Dispensations Sub (Standards) Committee.

The Chairman outlined the detailed work undertaken by the Dispensations Working Party that had met regularly during the summer and the Comptroller and City Solicitor then provided further comment on the statutory background to disclosable pecuniary interests (dpis) and dispensations. The Chairman reminded Members that the discussion was to relate to the drafts of the policy and guidance and dispensation request application form, the Dispensation Sub Committee’s terms of reference and the process for gaining acceptance on the policy and guidance from Members of the Court.

Detailed discussion then took place on the draft policy and guidance and associated other documentation, during which there were a number of comments by Committee members, including consistency on dispensation requests, particularly relating to Barbican Residential Committee and other committees commenting on the housing governance review, and the proposed future arrangements before the Committee and whether these adequately addressed concerns. Matters raised by Members included procedures to ensure consideration of dispensation requests where business has been added late to an agenda (the Committee were informed that late business had been referred to at the recent Appeal Sub (Standards) Committee and that the Chairman of that meeting would be writing to the Chairman of Standards Committee about it); problems arising from ward members that had undertaken to raise matters at meetings on a colleagues behalf then being unable to attend that meeting and the need for dispensation flexibility because of this; issues that may arise from rejecting dispensation requests where one ward member may already have been granted a dispensation; whether the Court’s approval of a committee’s membership may be frustrated by too rigid a policy; whether ‘blanket’ dispensations should be considered covering appropriate issues (licensing matters in a particular ward for example); the requirement for the list of dispensations granted / refused to be available to members online if possible; if opportunity existed for an appeal mechanism or whether a new or revised application should be made; and whether the policy and guidance would result in a larger number of dispensations going forward

The above issues raised were debated in detail, during which a number of members spoke in favour of the proposals. In summary, those Members put forward the view that the proposals aimed to provide an enhanced level of requisite information about disclosable pecuniary interests, a better level of understanding of associated regulations around dpis and dispensations, including confirmation of other options available to members to communicate their views when conflicted, and increased clarity and confidence for both members and the general public that the Corporation is taking decisions on them in a consistent way. It was also noted that the intention was to consult Counsel on the content of the policy and guidance prior to implementation.

Arising from the detailed discussions on this matter, it was agreed that the following comments be referred to the Dispensations Working Party for its consideration as part of the finalisation of the draft documents. 

Consideration of the addition of words in bold

-       ‘may take into account’ (par.20 of guidance)

-       ‘planning, licensing and housing matters’ (par.20 (c))

-       ‘able and willing to attend’ (par.20 (e))

Consideration of rewording of paragraphs

-       Public perception (par.8)  

-       Manifesto promise does not mean can deliver on it (par.20 (j))

-       Par. 23 and 24 wording to be enhanced to make clear dispensation does not release member from other legislative prohibitions

-       Par.8 amend – line 1 (delete ‘they have a’ and insert ‘any’); line 2 (delete ‘in relation’ and insert ‘relates’); line 4 (delete ‘affect’ and insert ‘relate to’); delete last sentence of paragraph.

Other matters

-       Schedule of previous dispensation decisions to be readily available (possibly on website)

During the above debate, Alderman Michael Mainelli left the meeting at 11.15am, Deputy Edward Lord joined the meeting at 12.12pm, Ann Holmes left the meeting at 12.25pm and Caroline Addy joined the meeting at 12.37pm.

Consideration then turned to how best to ensure that all Members had the opportunity to consider and comment on the documentation prior to implementation and, after discussion, it was agreed that a public meeting of the Standards Committee should be convened with all members of the Court invited to attend.

The Committee then considered the proposed amendments to the terms of reference of the Dispensations Sub (Standards) Committee and after discussion it was        

RESOLVED – That

(a)  the above comments on draft policy and guidance and the dispensation request form be approved for the further consideration of the Dispensations Working Party;

(b)  the Working Party finalises the draft policy and guidance and dispensation request form and that these then be submitted for consideration to a specially convened meeting of the Standards Committee with all members of the Court invited to attend that meeting;

(c)   the terms of reference of the Dispensations Sub (Standards) Committee be revised, to come into effect from the implementation of the dispensations policy and guidance referred to above, in the following terms:-

Dispensations Sub (Standards) Committee

Note: The Standards Committee will elect on an annual basis a Chairman and two Deputy Chairmen of the Sub Committee and each meeting of the Sub Committee will be chaired by one of those persons subject to (d) below.

a)         The Dispensations Sub Committee is established to determine written requests for dispensations from Members (including a Co-opted Member) to take part in any discussion and/or vote on a matter in which they have a disclosable pecuniary interest in accordance with section 33 of the Localism Act 2011.

b)         Upon receipt of a written request for a dispensation, a meeting of the Sub Committee will be convened to consider the details of the request and will then do one of the following:-

(i)            grant a dispensation (in whole or in part) for a specified period not exceeding four years;

(ii)           reject the request for a dispensation; or

(iii)       seek further information regarding the request ahead of further consideration at a newly convened meeting, or in accordance with the City Corporation’s urgency provisions (Standing Order No. 41).

c)         The Town Clerk will advise the Member seeking a dispensation of the Sub Committee’s decision upon the conclusion of the meeting and will retain a list of action taken in respect of all written requests considered by the Sub Committee.

d)      The Members of any meeting of the Sub Committee will not be Members of any Committee / Sub Committee that the dispensation request(s) relates to.

e)         The Sub Committee will consist of three elected Members (voting) and one Co-opted Member (non-voting) to be drawn from the membership of the Standards Committee, subject to (d) above and the provisions for each meeting to be chaired by either the Chairman or two Deputy Chairmen elected annually by the Standards Committee also referred to above.    

f)          The quorum shall consist of any three Members.