Agenda item

To consider the enclosed applications for dispensations.

(a)       That Councillor Christine Jones be granted an extension to her dispensation  relating to erection of crematorium at Northop which would now end on 2 September 2015;

(b)       That Councillor Clive Carver be granted dispensation under paragraph (f) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to speak at County Council and/or other Committees relating to the Officers’ Code of Conduct but to leave the room when the vote was taken;

(c)        That Councillor Clive Carver be granted dispensation under paragraphs (d) (f) and (h) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to speak to Officers, in person or by telephone, provided there was at least one witness, which would ensure there were at least three people involved in the conversation, and that the conversation be minuted.  Also, that Councillor Carver be allowed to contact Officers in writing if he wished.  If the discussions failed to resolve Councillor Carver’s concerns about the application and the grant application was either resubmitted to the Community Chest Panel or a fresh application was made, then Councillor Carver would need to submit a further request for dispensation to the Standards Committee;  and

(d)       That Councillor Veronica Gay be granted dispensation under paragraphs (f) and (h) only of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to correspond with Officers on the item.  Also to speak to officers  provided there is a witness which would ensure that at least three people would be present, and that the conversation was minuted.  Also that Councillor Gay be allowed to speak on the matter at any Council or committee meeting but not to vote and to withdraw from the room at the point the vote was taken 

Application for dispensation from Councillor Christine Jones to speak at Planning and Development Control Committee on an application for Crematorium  and memoria at Northop.

The Democracy and Governance Manager explained that Councillor Jones had applied to extend the duration of her dispensation relating to the erection of a crematorium  at Northop, which had been granted for a year on 2 September 2013.  He referred to the terms of the original application for dispensation which had been made by Councillor Jones and outlined the reasons for the request for an extension.  Councillor Jones was seeking dispensation to speak and vote on the item at Planning Committee under paragraph (d) and had stated that she had a personal and prejudicial interest as her son in law was an undertaker.

Mr. Robert Dewey proposed that a 12 month extension be granted to the dispensation that was due to end on 1 September 2014.  This was duly seconded and agreed by the Committee.   

Application for dispensation from Councillor Clive Carver to take part in the debate at County Council and/or other Committees relating to the Officers’ Code of Conduct

The Chief Officer (Governance) explained that Councillor Carver was seeking dispensation to speak on the item under paragraph (f).  He provided background information and referred to a review of the Officers Code of Conduct which had been undertaken by the Standards Committee and the recommendation which had subsequently been made to the Constitution Committee.  

The Chairman invited Councillor Clive Carver to outline the reasons for his request for dispensation.  Councillor Carver referred to the draft of the new Officers’ Code of Conduct which had considered removing the requirement for officers to notify the Chief Officer (Governance) of their membership of certain organisations including Freemasonry.  He  explained that he was a Freemason and was seeking dispensation to speak and take part in debate  but not to vote at County Council and/or other Committees relating to the Officers’ Code of Conduct.

At this point Councillor Carver withdrew from the room. 

The Chief Officer (Governance) responded to a query from Mr. Robert Dewey around disclosure and the Officers Code of Conduct and explained that there would be no personal impact on Councillor Carver arising from the outcome of the debate.

During discussion Councillor Arnold Woolley proposed that the request from Councillor Carver to allow him to speak on the item at County Council and other Committees be granted but that he must leave the room when the vote was taken.  This was seconded by Mr. Dewey and agreed by the Committee.

Councillor Carver was invited to re-join the meeting and the Chairman informed him of the Committee’s decision to grant his request for dispensation subject to the above condition.

Application for dispensation from Councillor Clive Carver to discuss with Officers the failed Community Chest Grant application by the Hawarden Institute.

The Democracy and Governance Manager explained that Councillor Carver was seeking dispensation under paragraphs (d) (f) and (h) to discuss the item with Officers verbally and/or in writing, and to remain in the room but not to vote on any future hearing.     

The Chairman invited Councillor Carver to sit at the table and explain the reasons for his application.  Councillor Carver provided background information and context and referred to the application which had been made by the Hawarden Institute and a subsequent misunderstanding which had arisen concerning the award of a grant from the Community Chest.  

The Chairman invited Members to raise questions.  The Chief Officer and Councillor Carver responded to the queries and observations put forward.  

Councillor Carver left the room at this point.

The Chief Officer (Governance) commented on the varying considerations to be taken into account and provided further advice to assist the Committee in reaching a decision.   He stated that Councillor Carver would gain no personal benefit by participating in future debate on the item. 

During discussion Mrs. Phillipa Earlam proposed that in relation to the application which had been submitted that Councillor Carver be allowed to speak to Officers, in person or by telephone, provided there was at least one witness which would ensure there were at least three people involved in the conversation, and that the conversation be minuted.  That Councillor Carver also be allowed to contact Officers in writing if he wished.  If the discussions failed to resolve Councillor Carver’s concerns about the application and the grant application was either resubmitted to the Community Chest Panel or a fresh application was made, then Councillor Carver would need to submit a further request for dispensation to the Standards Committee.  Mr. Kenneth Molyneux seconded the proposal and this was agreed by the Committee.

The Chairman invited Councillor Carver back into the room and informed him of the Committee’s decision.  He informed Councillor Carver that the Committee had decided to allow him to speak to Officers verbally or in writing concerning the failed application subject to the conditions as detailed above.

            Application for dispensation from Councillor Veronica Gay to  discuss with Officers future use by the community of the Sandy Lane Community Centre and Youth Club, Saltney.

The Democracy and Governance Manager explained that Councillor Gay was seeking dispensation to speak and vote on the item under paragraphs (d) (f) and (h). 

The Chief Officer (Governance) distributed copies of a written statement which had been provided by Councillor Gay in support of her request for dispensation.  The Chief Officer provided background information and context to the application and explained that Councillor Gay was a volunteer and committee member for the Sandy Lane Community Centre but had no personal or financial interest  in the Centre.  Councillor Gay sought dispensation to discuss with officers, attend meetings and to speak and  vote on potential proposals concerning future use of the Community Centre and Youth Club, the creation of a community hub/onestop shop in Saltney for the provision of council and other public services, and the negotiation of a new management agreement for the Centre.  

The Chief Officer explained that although Councillor Gay had requested to speak and to vote in her application he had advised her it would be inappropriate in her position as voluntary Chairperson of the Community Centre to vote on matters concerning funding in relation to the future of the Community Centre building.

During discussion Officers responded to the queries and views expressed by members and, for consistency, reference was made to the previous decisions made by the Committee regarding such requests.

Councillor Arnold Woolley proposed that dispensation be granted for Councillor Gay under paragraphs (f) and (h) only to correspond and speak to Officers on the item, provided there is a witness which would ensure that at least three people would be present, and the conversation was minuted.  Also that Councillor Gay be allowed to speak on the matter at any Council or committee meeting but not to vote and to withdraw from the room at the point the vote was taken  The proposal was seconded by Mr. Robert Dewey and agreed by the Committee.  The dispensation would apply to Councillor Gay in her capacity both as a Town Councillor and as a County Councillor.

RESOLVED:

 (a)      That Councillor Christine Jones be granted an extension to her dispensation  relating to erection of crematorium at Northop which would now end on 2 September 2015;

(b)       That Councillor Clive Carver be granted dispensation under paragraph (f) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to speak at County Council and/or other Committees relating to the Officers’ Code of Conduct but to leave the room when the vote was taken;

(c)        That Councillor Clive Carver be granted dispensation under paragraphs (d) (f) and (h) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to speak to Officers, in person or by telephone, provided there was at least one witness, which would ensure there were at least three people involved in the conversation, and that the conversation be minuted.  Also, that Councillor Carver be allowed to contact Officers in writing if he wished.  If the discussions failed to resolve Councillor Carver’s concerns about the application and the grant application was either resubmitted to the Community Chest Panel or a fresh application was made, then Councillor Carver would need to submit a further request for dispensation to the Standards Committee;  and

(d)       That Councillor Veronica Gay be granted dispensation under paragraphs (f) and (h) only of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to correspond with Officers on the item.  Also to speak to officers  provided there is a witness which would ensure that at least three people would be present, and that the conversation was minuted.  Also that Councillor Gay be allowed to speak on the matter at any Council or committee meeting but not to vote and to withdraw from the room at the point the vote was taken