Issue - meetings

DISPENSATIONS

Meeting: 06/01/2020 - Standards Committee (Item 52)

52 Dispensations pdf icon PDF 54 KB

To receive any requests for dispensations.

 

Members of the press/public will be able to remain in the room whilst an application for dispensation is presented to the Committee and will be able to return to hear the Committee’s decision.  However, under Paragraph 18C Schedule 12A Local Government Act 1972 the Committee will exclude the press and public from the meeting whilst it deliberates on any application for a dispensation.

 

 

Derbyn unrhyw geisiadau am oddefebau.

 

Bydd aelodau'r wasg / y cyhoedd yn gallu aros yn yr ystafell tra bydd cais am ryddhad yn cael ei gyflwyno i'r Pwyllgor a bydd yn gallu dychwelyd i glywed penderfyniad y Pwyllgor. Fodd bynnag, o dan Baragraff 18C Atodlen 12A Deddf Llywodraeth Leol 1972 bydd y Pwyllgor yn gwahardd y wasg a'r cyhoedd o'r cyfarfod tra bydd yn ystyried unrhyw gais am ryddhad.

Additional documents:

Decision:

That Flintshire County Councillor Clive Carver be granted dispensation under

paragraphs (d) (f) and (j) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to write or to speak with officers to represent his family members who live in Hawarden in matters relating to the Old Brewery, Ryeland Street, Shotton. 

This allows for making verbal and written communications on the matter to officers of Flintshire County Council provided there is at least one witness when speaking to officers, thereby ensuring that there are at least three people involved in the conversation which is formally minuted.  The dispensation to be granted for 12 months, ceasing on 5 January 2021.

 

Minutes:

The Monitoring Officer presented the following dispensation request for consideration.

 

Councillor Clive Carver

 

As Councillor Carver was not in attendance the Monitoring Officer introduced the dispensation request.  He advised that Councillor Carver sought dispensation to  write to or speak with officers and to write to, speak and/or answer questions at Council/Committee meetings on matters relating to the Old Brewery, Ryeland Street, Shotton.  Councillor Carver, as the Local Member for Hawarden, wished to represent two residents living within his Ward who were also family members and owners of the Old Brewery which had been leased by Flintshire County Council for the past 10 years.  The Monitoring Officer referred to the prejudicial interest, as detailed on the application, and explained that as a County Councillor, Councillor Clive Carver was unable to provide assistance on this matter without a Dispensation and felt that his relatives were disenfranchised from representation by their Local Member; a task he could undertake for any of his constituents.   The Monitoring Officer drew attention to details of the same request which had been previously considered by the Committee on 13 September 2010, and advised that a dispensation had been granted but had now lapsed. 

 

 

The Monitoring Officer advised that Councillor Carver was applying for dispensation to make representations on behalf of his constituents, and cited the relevant criteria of (d) (f) and (j) under the Code of Conduct.

 

During discussion the Monitoring Officer responded to the comments raised by members around the need to maintain public confidence in the ethical procedures of the Council.   Julia Hughes suggested that another County Councillor could be asked to represent the residents in this matter in place of Councillor Carver.

 

Councillor Arnold Woolley proposed that the dispensation be granted so that Councillor

Clive Carver could write to or speak with officers to make representation on behalf of

his family members.  The dispensation to be granted for 12 months, ceasing on

5 January 2021.  The proposal was seconded by Julia Hughes.

 

RESOLVED:

 

That Flintshire County Councillor Clive Carver be granted dispensation under

paragraphs (d) (f) and (j) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to write or to speak with officers to represent his family members who live in Hawarden in matters relating to the Old Brewery, Ryeland Street, Shotton. 

This allows for making verbal and written communications on the matter to officers of Flintshire County Council provided there is at least one witness when speaking to officers, thereby ensuring that there are at least three people involved in the conversation which is formally minuted.  The dispensation to be granted for 12 months, ceasing on 5 January 2021.