Agenda item

Dispensations for Member Interests Report

Minutes:

The Interim Director of Legal and Governance and Monitoring Officer explained that the report sets out the position of Councillors and Co-opted members obligations to declare any disclosable pecuniary interests. The Monitoring Officer holds the Register of Interests. Thurrock Borough Council does not have a process for a member to request a dispensation and under the procedures and code of conduct Members currently have to leave the meeting. On some occasions a member may want to stay in a meeting and vote. The Interim Director of Legal and Governance and Monitoring Officer stated that on page 30 of the report it sets out the 4 areas where members could request from the Monitoring Officer a dispensation to stay in the meeting, participate and vote on the matter discussed. A new form has also been introduced and can be found at appendix 1 of the report if members wish to apply for a dispensation.

 

The Interim Director of Legal and Governance and Monitoring Officer confirmed that it is recommended that if grounds C and D are used, in consultation with the Chair of the Standards and Audit Committee they would agree that exemption. The Monitoring Officer consulting with the Chair of the Standards and Audit Committee to ensure a fair approach. The Interim Director of Legal and Governance and Monitoring Officer highlighted that a report would be provided to the Standards and Audit Committee annually to say which dispensations have been granted, to which members and for what committees.

 

There are 4 general dispensations listed at paragraph 2.4 of the report which apply to all Councillors and members do not need to apply for them. These dispensations will last for the Councillor’s term of office.

 

Members queried if dispensations would apply to the Planning Committee.

The Interim Director of Legal and Governance and Monitoring Officer responded that the Planning Committee and Licensing Committee have their set of rules and procedures as they are quasi-judicial. The Interim Director of Legal and Governance and Monitoring Officer confirmed that she would have to review any request for a dispensation for this and it would have to be a very high threshold.

 

Members queried if the dispensation would be declared at the individual meeting and if it would be announced by the Chair. The Interim Director of Legal and Governance and Monitoring Officer confirmed this is correct.

 

Members queried what notice period would be required as it will take time for the Monitoring Officer and Chair of the Standards and Audit Committee to discuss the matter prior to the meeting.

 

The Interim Director of Legal and Governance and Monitoring Officer stated that as soon as the agenda comes out, Councillors should notice whether they have a disclosable pecuniary interest and start completing the dispensation form if they require the dispensation to allow it to be processed. The Monitoring Officer would contact the Chair of the Standards and Audit Committee.

The Chair queried if the Vice Chair could also approve in the absence of the Chair.

The Interim Director of Legal and Governance and Monitoring Officer agreed with this approach.

 

RESOLVED:

 

1.1          The Standard and Audit Committee note the guidance and rules relating to dispensations in this report.

 

1.2          The Standard and Audit Committee support the use of the dispensation form for all Members of the Council to make requests to the Monitoring Officer. When considering a request for a dispensation under category c or d, in the absence of the Chair of Standards and Audit Committee being available, the Monitoring Officer should consult with the Vice Chair of the Standards and Audit Committee.

 

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