Decision details

Councillor J V Keyes joined the meeting at this point.

 

In accordance with Procedure Rule 4, four motions proposed by Councillor W Stamp and seconded by Councillor R H Siddall were received on 10 June 2020.  Amendments to motions 3 and 4 were received on 11 June 2020.  The revised motion is as follows:

 

“Maldon District Council has a statutory duty to promote and maintain high standards of conduct by its councillors and co-opted Members - Section 27(2) of The Localism Act 2011 (The Act) requires the council to adopt a Code of Conduct. It is not required in law for MDC to adopt a joint standards committee but it is good practice - and why wouldn't they?

 

In light of external investigations, I propose the following motions to council:

 

The motions have been set out separately for ease of voting.

 

Motion 1

To disband the Joint Standards Committee in its current form and all appointed councillors.

 

Motion 2

The council waives the overall political control of the authority (political balance) to reconstitute the Joint Standards Committee.

 

Motion 3

The committee will consist of 8 elected members - four from each political group, plus 2 Parish Council observers (no voting rights) and the Independent Person (no voting rights).

 

Motion 4

i) The Chairman and Vice-Chairman to be appointed not from the same political group.”

 

Councillor Stamp spoke to her motions, providing further explanation.

 

Councillor Siddall had formally seconded the motion and proposed that a further amendment be made to motion 3 to read as follows:

 

The Committee will consist of eight elected members, plus two Parish Council observers (no voting rights) and the Independent Person (no voting rights).  The eight members should reflect the balance of the membership of the Council; however, no group should have a majority on the Committee.  All political groups (a group is defined as having three or more members and is recognised as a political entity) within the council should have representation.  Any substitutions must be made from the same political group.

 

This amendment was duly seconded.

 

In response to a question regarding political balance, the Lead Legal Specialist and Monitoring Officer provided some guidance on the principles of political balance and how this would be applied to a Committee made up of eight members.

 

In accordance with Procedure Rule 13 (3) Councillor W Stamp requested a recorded vote.

 

The Chairman clarified at this point that the Council would debate all four motions prior to taking separate votes on each motion.

 

A lengthy debate ensued, and a number of Members commented on the tabled motions.  Following a question and comments raised, the Lead Legal Specialist and Monitoring Officer provided some clarification on the wording of motion 2.  In response, Councillor E L Bamford proposed that Motion 2 be reworded, as follows, to add clarity that this motion only related to the Joint Standards Committee.

 

That the Council waives political balance to reconstitute the Joint Standards Committee.

 

This proposal was duly seconded and supported by both Councillors Stamp and Siddall.

 

The Chairman confirmed that he would allow the two proposed amendments to the motions submitted.

 

Councillor M S Heard raised a Point of Order referring to Procedure Rule 1 (18) which stated that ‘before the conclusion of the debate the penultimate speaker will be the Opposition Leader’.  This was noted by the Chairman.

 

Following the debate and summing up by Councillor Stamp, the Leader of the Council and the Leader of the Opposition, the Chairman put each of the Motions to the Council.  In accordance with the earlier request for a recorded vote the voting was as follows:

 

Motion 1:

That the Joint Standards Committee in its current form and all appointed councillors be disbanded.

 

For the recommendation:

Councillors E L Bamford, M G Bassenger, Miss A M Beale, V J Bell, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, A S Fluker, M S Heard, K W Jarvis, J V Keyes, K M H Lagan, C Mayes, C P Morley, C Morris, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

 

Against the recommendation: None.

 

Abstention:

Councillors R G Boyce, R P F Dewick, B E Harker, M W Helm, A L Hull and Miss S White.

 

The Chairman declared that motion 1 was therefore carried.

 

Motion 2

Following further discussion it was agreed for clarification that this motion would be further amended, to read:

 

That the Council waives political balance on the Joint Standards Committee in order to reconstitute it.

 

For the recommendation:

Councillors E L Bamford, M G Bassenger, Miss A M Beale, V J Bell, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, A S Fluker, B E Harker, M S Heard, A L Hull, K W Jarvis, J V Keyes, K M H Lagan, C Mayes, C P Morley, C Morris, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

 

Against the recommendation: None.

 

Abstention:

Councillors R G Boyce, R P F Dewick, M W Helm and Miss S White.

 

The Chairman declared that motion 2 was therefore carried.

 

Motion 3 - That the Joint Standards Committee will consist of:

·               eight elected members

 

·               2 Parish Council observers (no voting rights)

 

·               the Independent Person (no voting rights). 

 

The eight members should reflect the balance of the membership of the Council; however, no group should have a majority on the Committee.  All political groups (a group is defined as having three or more members and is recognised as a political entity) within the Council should have representation.  Any substitutions must be made from the same political group.

 

For the recommendation:

Councillors E L Bamford, M G Bassenger, Miss A M Beale, V J Bell, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, A S Fluker, M S Heard, K W Jarvis, J V Keyes, K M H Lagan, C Mayes, C P Morley, C Morris, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts and C Swain.

 

Against the recommendation: None.

 

Abstention:

Councillors R G Boyce, R P F Dewick, B E Harker, M W Helm, A L Hull, Mrs M E Thompson and Miss S White.

 

The Chairman declared that motion 3 was therefore carried.

 

Motion 4

That the Chairman and Vice-Chairman of the Joint Standards Committee be appointed not from the same political group

 

For the recommendation:

Councillors E L Bamford, M G Bassenger, Miss A M Beale, V J Bell, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, A S Fluker, M S Heard, K W Jarvis, J V Keyes, K M H Lagan, C Mayes, C P Morley, C Morris, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

 

Against the recommendation: None.

 

Abstention:

Councillors R G Boyce, R P F Dewick, B E Harker, M W Helm, A L Hull and Miss S White.

 

The Chairman declared that motion 4 was therefore carried.

 

RESOLVED

 

(i)              That the Joint Standards Committee in its current form and all appointed councillors be disbanded;

 

(ii)            That the Council waives political balance on the Joint Standards Committee in order to reconstitute it;

 

(iii)          That the Joint Standards Committee will consist of:

 

·   eight elected members

 

·   2 Parish Council observers (no voting rights)

 

·   the Independent Person (no voting rights). 

 

The eight members should reflect the balance of the membership of the Council; however, no group should have a majority on the Committee.  All political groups (a group is defined as having three or more members and is recognised as a political entity) within the Council should have representation.  Any substitutions must be made from the same political group.

 

(iv)           That the Chairman and Vice-Chairman of the Joint Standards Committee be appointed not from the same political group.

 

In light of the above decisions the Chairman sought confirmation from the Lead Legal Specialist and Monitoring Officer that Agenda Item 12 – Joint Standards Committee – Parish Councillor Co-Optees was no longer required.  In response, the Lead Legal Specialist and Monitoring Officer confirmed this was the case.

 

The Lead Legal Specialist and Monitoring Officer further commented that as all members of the Joint Standards Committee had been removed the political group leaders would need to submit their nominations to the July meeting of the Council.  He also provided some guidance on the split of nominations.  In response the Chairman referred to non-aligned Members and establishing a right for them to have a seat on any Committee.  In respect of nominations to the Joint Standards Committee the Chairman advised that this was a matter for the political group Leaders and non-aligned Members.