Agenda item

(a)       That Councillor Carol Ellis be granted dispensation under paragraph (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 for a period of 12 months (ending 9 March 2015) to speak at, remain in the room during the debate on and to vote at Buckley Town Council meetings in consideration of requests for financial assistance from Hawkesbury Community Centre;

(b)       That Councillor David Ellis be granted dispensation under paragraphs (f) and (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 for a period of 12 months (ending 9 March 2015) to speak at Buckley Town Council meetings in consideration of requests for financial assistance from Hawkesbury Community Centre.  The dispensation would allow him to remain in the room to speak and answer questions but he must withdraw from the room (and thus not vote) after doing so; and

(c)        That Councillor Dennis Hutchinson be granted dispensation under paragraph (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 for a period of 12 months (ending 9 March 2015) to speak at Buckley Town Council meetings in consideration of requests for financial assistance from Hawkesbury Community Centre.  The dispensation would allow him to remain in the room to speak and answer questions but he must withdraw from the room (and thus not vote) after doing so.

The Head of Legal & Democratic Services reported on requests for dispensations received from Councillors Carol and David Ellis to speak on a matter relating to Hawkesbury Community Centre due for consideration at Buckley Town Council.  Both had declared a prejudicial interest as Committee Member/Trustee and Chairman of the Hawkesbury Management Committee respectively.  Following publication of the agenda, a request to speak and vote on the same item had been submitted by Councillor Dennis Hutchinson as a member of the Hawkesbury Management Committee.

The Head of Legal & Democratic Services provided background information on the transfer of Hawkesbury Community Centre to charitable trustees who were seeking financial assistance of £1,500 from Buckley Town Council to undertake repairs and improvements to the building.  Under the Council’s Code of Conduct, a personal interest only would need to be declared where financial assistance was being sought up to £500.  He explained that as Councillor Carol Ellis had been appointed to the Management Committee by Buckley Town Council, she may only have a personal interest.  However the Committee was advised to consider the request which had been put forward as she had decided she had a personal and prejudicial interest.

The Democracy & Governance Manager explained that he had prepared a form on behalf of Councillor Dennis Hutchinson who was seeking dispensation to speak and vote on the item under paragraphs (d) and (h) as a member of the Hawkesbury Community Centre Management Committee, not appointed by Buckley Town Council.

During discussion on Councillor David Ellis’ role of Chair on the Management Committee, the Head of Legal & Democratic Services suggested that the Committee may wish to give consideration to paragraph (f) as an appropriate reason for granting dispensation.  In response to a query from Mr. Robert Dewey, it was noted that the Committee was able to consider reasons other than those given on the Member’s form.

Following comments from Councillor Arnold Woolley on the need to ensure protection, the Head of Legal & Democratic Services said that if the charity had been set up in the appropriate way, there should be no risk of benefit/loss personally for the Trustees of the organisation.  Following a brief explanation from Councillor Hutchinson, the Committee was asked to take a balanced view on whether to grant dispensation and also the extent of this.

The Democracy & Governance Manager explained that enquiries were ongoing to actively seek documentation relating to the financial commitment entered into by the Town Council when the organisation was formed.  He went on to say that four similar requests of this nature for other organisations which had previously been made to the Committee had been granted dispensation to speak and not vote.

At this point, Councillor Hutchinson left the room to enable the Committee to debate and vote on the applications.

Whilst providing further background to the matter, Councillor Woolley raised concerns that the issue of potential individual liability remained unresolved.  The Head of Legal & Democratic Services asked the Committee to consider the levels of participation from the three requests received.

Mr. Robert Dewey proposed that dispensation be granted to Councillor Carol Ellis to remain in the room, speak and vote on the item.  This was duly seconded by Councillor Cox and agreed by the Committee.

Councillor Hilary McGuill proposed that Councillor David Ellis’ request for dispensation to speak on the item be granted.  Mr. Dewey proposed an amendment that paragraph (f) apply in addition to paragraph (h).  This was agreed by the Committee.

Councillor Woolley proposed that the request from Councillor Hutchinson be granted to speak on the item.  This was seconded by Mr. Dewey and agreed by the Committee.

Following advice from the Head of Legal & Democratic Services, it was agreed that whilst the dispensation granted to Councillors David Ellis and Dennis Hutchinson would permit them to speak on the item, both would be required to withdraw from the room during the debate and vote.  Furthermore, it was agreed that a time limit of 12 months be applied for the dispensations granted to all three Councillors in relation to discussions on this matter.

RESOLVED:

(a)       That Councillor Carol Ellis be granted dispensation under paragraph (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 for a period of 12 months (ending 9 March 2015) to speak at, remain in the room during the debate on and to vote at Buckley Town Council meetings in consideration of requests for financial assistance from Hawkesbury Community Centre;

(b)       That Councillor David Ellis be granted dispensation under paragraphs (f) and (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 for a period of 12 months (ending 9 March 2015) to speak at Buckley Town Council meetings in consideration of requests for financial assistance from Hawkesbury Community Centre.  The dispensation would allow him to remain in the room to speak and answer questions but he must withdraw from the room (and thus not vote) after doing so; and

(c)        That Councillor Dennis Hutchinson be granted dispensation under paragraph (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 for a period of 12 months (ending 9 March 2015) to speak at Buckley Town Council meetings in consideration of requests for financial assistance from Hawkesbury Community Centre.  The dispensation would allow him to remain in the room to speak and answer questions but he must withdraw from the room (and thus not vote) after doing so.