Agenda item

To receive any requests for dispensations.

(a)       That Community Councillors Clive Carver and Cheryl Carver be granted dispensation under paragraphs (d), (e), (f), (h) and (i) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak to Hawarden Community Council in person or by telephone on matters relating to the Hawarden Institute, provided there was at least one witness, which would ensure that there were at least three people involved in the conversation, and that the conversation be minuted.  Also, that Councillors Carver be allowed to make contact in writing if they wish.  The dispensation to be granted for 12 months, ceasing on 5 February 2019; and

(b)       That the dispensation request from County Councillor Clive Carver in respect of discussion on non-domestic rates be refused on the basis that he does not have a prejudicial interest on the matter.

Following publication of the agenda, three dispensation requests had been received from Community Councillors Clive Carver and Cheryl Carver, and County Councillor Clive Carver.

Hawarden Community Councillors Clive Carver and Cheryl Carver

Councillor Clive Carver was in attendance to provide background information to both dispensation requests and had provided the Monitoring Officer with written confirmation from his wife Councillor Cheryl Carver to this effect.

Councillor Carver explained that Hawarden Community Council was due to cease connections with the Hawarden Institute and hold meetings elsewhere after 31 March 2018.  As Chair of the Institute’s management committee, he wished to be able to communicate with the Community Council both during meetings and individually after that date as he would not be able to rely on the fact that his current appointment to the Institute was as a Community Council external body nomination.  He and his wife (in her capacity as Treasurer of the Hawarden Institute committee) were seeking dispensation to write and speak but not vote, and wished to remain in the Council Chamber during those discussions.

In response to questions from the Monitoring Officer, Councillor Carver provided background information on the process for appointments to the management committee and explained that both requests were to obtain dispensation in advance of any changes.

Councillor Carver left the room prior to the Committee considering the requests.

Following queries raised by the Committee, the Monitoring Officer provided clarification on the paragraphs under which dispensation was sought.

Mr. Rob Dewey proposed that Councillor Clive Carver be granted dispensation to which Councillor Woolley spoke in support.

The Monitoring Officer pointed out that there were two similar requests for dispensation and that consideration should be given to whether both were required.

Mrs. Phillipa Earlam said that both should be granted dispensation due to the different roles undertaken by the two individuals.  Councillor Johnson supported this view.

During debate on the request to remain in the Council Chamber, the Monitoring Officer referred to a similar request previously submitted and he clarified the terms under which Councillor Carver had been granted dispensation to speak.

Councillor Woolley and Mr. Dewey both felt unable to support the request to remain in the Council Chamber.

In considering the points raised, the Chairman asked if the Committee wished to grant dispensation for both applicants to communicate with Hawarden Community Council in writing and by speaking in the presence of a third party, as determined in a previous request.  The term of the dispensation would apply for 12 months from the date of this meeting.  This was formally proposed by Mr. Jonathan Duggan-Keen and on being put to the vote, was agreed by the Committee.

Councillor Carver was then invited back to the meeting and informed of the decision.  It was clarified that Councillor Carver nor his wife could be regarded as the third party in respect of verbal communications.

County Councillor Clive Carver

Councillor Carver referred to consideration of a Notice of Motion at the recent County Council meeting, which had resulted in an amendment to consider the reinstatement of 100% business rate relief to local charitable organisations with premises of a rateable value below £6K.  In anticipation of the matter being further debated at County Council on 20 February 2018, he wished to speak and remain in the Council Chamber, without voting.  He explained that he was Chair of the Hawarden Institute management committee (registered charity) which had a rateable value of £6,400 and currently received 80% discretionary business rate relief.

The Monitoring Officer provided background information and explained that procedural issues had led to the matter being reconsidered.  He questioned the reason for the dispensation request given that the rateable value was outside the exemption threshold.  Councillor Carver said that in the event that the threshold was extended to include organisations with a higher rateable value, he would wish to remain in the room to take part in those discussions by sharing his knowledge, but not to vote.

Councillor Carver left the room prior to the Committee considering his request.

As Chairman of the Flintshire District Scouts Executive Committee, Councillor Woolley said that having declared an interest on the matter, he had not taken part in the debate at County Council.  The Monitoring Officer said that it was correct to declare the interest as it was relevant to the application.

In response to comments from Councillor Johnson about the potential for other Members to declare similar interests, the Monitoring Officer said that advice had been given prior to the County Council meeting.  He went on to explain that this particular topic was an Executive function, and therefore the decision made by Cabinet on the morning of 20 February would only be reported verbally to the County Council meeting that afternoon.

Having considered the matter, Mr. Rob Dewey felt that Councillor Carver did not have an interest as the rateable value was outside the threshold, and therefore the dispensation did not apply.  This was seconded and on being put to the vote, was agreed by the Committee.

Councillor Carver returned to the meeting and was informed of the decision.

The Monitoring Officer suggested that Councillor Carver may wish to make written representations to Cabinet as the decision was an Executive function.  He advised that the Cabinet decision would be reported for information only to County Council when the final budget for 2018/19 would be submitted for approval.

RESOLVED:

(a)       That Community Councillors Clive Carver and Cheryl Carver be granted dispensation under paragraphs (d), (e), (f), (h) and (i) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak to Hawarden Community Council in person or by telephone on matters relating to the Hawarden Institute, provided there was at least one witness, which would ensure that there were at least three people involved in the conversation, and that the conversation be minuted.  Also, that Councillors Carver be allowed to make contact in writing if they wish.  The dispensation to be granted for 12 months, ceasing on 5 February 2019; and

(b)       That the dispensation request from County Councillor Clive Carver in respect of discussion on non-domestic rates be refused on the basis that he does not have a prejudicial interest on the matter.