ࡱ> RTQq P*bjbjt+t+ &jAA4&]84$X(00(XXXXXX$ XXXXXPXX0PPPXXXXP PbVi@X< {lv GWENT POLICE AUTHORITY STANDARDS COMMITTEE 29th January 2007 Present: Mr D B Hughes (Chair) Councillor K Critchley, Mr P E Davies, Mr B P L Wallis and Mrs J Hale Together with: Mrs S A Bosson (Chief Executive and Clerk) Mrs S Curley (Committee Clerk) The meeting commenced at 5.20 p.m. ActionsAPOLOGIES FOR ABSENCE1.There were no apologies for absence.DECLARATIONS OF INTEREST2.There were no declarations of interest.MINUTES3.The minutes of the meeting held on 4th September 2006 and the minutes of the Gwent Joint Standards Committee held on 4th December 2006 were received and noted.Matters Arising The Chief Executive and Clerk would make an enquiry into the business considered by other Welsh authorities Standards Committees. The Chief Executive and Clerk explained that although there was still a gap in Level 2 services, authorities were attempting to address this through collaboration. We were informed that Internal Audit had reviewed the Code of Corporate Governance and that we would receive an update at the next meeting. Standards Committee Conference The Chairman commented that he had found the conference extremely useful and interesting. He thanked the officers for their help during the conference.  CEX CEX APPOINTMENT OF INDEPENDENT MEMBERS TO THE STANDARDS COMMITTEEActions4.We received and noted a report from the Chief Executive and Clerk regarding the appointment of Independent members of the Police Authority Standards Committee which had been considered by the Full Authority on the 26th January 2007. We noted that two of the independent members terms of office were due to come to an end on 31st March 2007. The regulations did not restrict appointment to this position to any specific timescale although the Authority should be guided by the Nolan principles. The report sought members views on whether to offer to extend the existing terms of office or seek new applications by way of advertisement. The Authority had agreed to extend the existing term of office of the Independent Members for four years to 31st March 2011.EXTENSION OF THE LAY JUSTICE TERM OF OFFICE5.We received and noted a report from the Chief Executive and Clerk which had been considered by the Full Authority on the 26th January 2007. The report detailed the implications of the Police and Justice Act 2006 as they related to Lay Justice members whose term of office ended after 15th January 2007. The effect would be to automatically extend the period of office until 31st March 2008.UPDATE ON THE APPOINTMENT OF INDEPENDENT MEMBERS TO THE POLICE AUTHORITY 6.The Chief Executive and Clerk reported that the interviews for the Independent Member appointments were due to take place on the 30th January 2007. We noted the current process for the recruitment and appointment of Independent Members and were informed that the process may change in future. It was possible that the Home Office would not be involved in the selection but would set out guidelines for authorities to follow. We were informed that Mrs Hales term of office would end on the 31st March 2007. We thanked her for her work with the Standards Committee and the Authority.JOINT TRAINING ON THE CODE OF CONDUCT7.The Chief Executive and Clerk had discussed joint training with other Clerks and it had been suggested that the training should be carried out by Eversheds. There was the possibility of Police Authority Members also being trained but this would depend upon cost. It was hoped that this would lead to further joint working. ActionsBRIEFING FROM WLGA/ APA ON THE INTRODUCTION OF THE POLICE AND JUSTICE ACT8.We received and noted a report from the WLGA providing a briefing on key elements of the new Police and Justice Act 2006 which would be of interest to local government. Key issues raised included: Police Authorities would now be made up of councillor members and independent members. The magistrate category would be abolished although one independent member would have to be a magistrate. Authorities would only need to produce a single rolling police plan each year. The Chief Constable would have the authority to decide which ACPO officer should act up in his or her absence, where the Deputy Chief Constable is also unavailable. The Secretary of State would only have the power to alter Police areas as a last resort. A Member enquired who would appoint an officer to act up in the absence of the Chief Constable and the Deputy Chief Constable in the case of the absence being due to disciplinary issues. CEXBULLETIN 31 STANDARDS BOARD FOR ENGLAND9.We noted the receipt of Bulletin 31 from the Standards Board for England. The following issues were noted: The revised Code of Conduct for England was due to be published and issued for consultation. Under the Code of Conduct, Members would have to register a range of financial and other interests including any land in the area of the authority in which they have a financial interest. The Standards Board was considering the implications of the Collins judgement and was preparing guidance on its interpretation.REVISED CODE OF CONDUCT10.We received an additional report from the Chief Executive and Clerk on the Consultation on Amendments to the Model Code of Conduct. The Chief Executive and Clerk explained the amendments proposed and we discussed the following responses to questions raised through the consultation:  ActionsDoes the proposed text on the disclosure of confidential information strike an appropriate balance between the need to treat certain information as confidential, but to allow some information to be made public in defined circumstances when to do so would be in the public interest? The text seems to provide an appropriate balance. It would be helpful to include more detailed guidance on the interpretation in regulations. Reference should be made to distinguishing between the whistleblowing code and the disclosure of confidential information. There was also some concern that bullying had not been defined.Subject to powers being available to us to refer in the Code to actions by members in their private capacity beyond actions which are directly relevant to the office of the member, is the proposed text which limits the proscription of activities in a members private capacity to those activities which have already been found to be unlawful by the courts, appropriate? YesIs the Code of Recommended Practice on Local Authority Publicity serving a useful purpose? If the Publicity Code is abolished, do consultees think some or all of its provisions should be promulgated in a different way, e.g. via guidance issued by local government representative bodies, or should authorities be left to make their own decisions in this area without any central guidance? Should authorities not currently subject to the Publicity Code be required to follow it, or should the current position with regard to them be maintained? We have no comments on the proposals. Although the Local Government Publicity Code applies to Police Authorities, the Authority does not include preferences to any political party in its promotional literature.Does the proposed text with regard to gifts and hospitality adequately combine the need for transparency as well as proportionality in making public information with regard to personal interests? Yes. In fact the Police Authority already includes a report on the full Authority meeting disclosing to the public gifts and hospitality and on the Authoritys recommendation of the Standards Committee an estimate of the value is now also included.Does the proposed text relating to fiends, family and those with a close personal association adequately cover the breadth of relationships which ought to be covered, to identify the most likely people who might benefit from decisions made y a member, including family, friends, business associates and personal acquaintances? The revised text would seem to cover the wider personal association issue. This should also be considered from a public perception point. ActionsWould it be appropriate for new exceptions to be included in the text as additions to the list of items which are not to be regarded as prejudicial? It would seem sensible to add to the Code additional exemptions as they become apparent.Is the proposed text relaxing the rules to allow increased representations at meetings, including where members attend to make representations, answer questions, or give evidence, appropriate? Yes. This clarifies the situation and will hopefully eliminate difficulties members have found themselves in in the past.Is there a better, more user-friendly way of ensuring the text is gender-neutral, for example, would consultees consider that amending the wording to say you instead of he or she or him or her would result in a clearer and more accessible code for members? With the new requirements on public bodies relating to gender equality changing reference to you or the Member would seem sensible.We noted that the timing of the Code revisions was crucial to Police Authorities who were just completing an extensive appointment process, with new members coming into office on 1st April 2007. It would be helpful if the revised Code could be implemented if not before April during April to ensure we are able to offer training on the most up to date Code of Conduct.DISPENSATION11.There were no applications for dispensation. 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