Meeting documents

A report was considered which requested that authority be delegated to the Monitoring Officer to grant dispensations until May 2019 where a Member had submitted an application for dispensation claiming that certain circumstances applied. These included situations whereby so many Members had Disclosable Pecuniary Interests (DPIs) that it would impede the transaction of business, or where without such a dispensation all Members of the Cabinet would have a DPI prohibition from participating. 

The report recorded that in June 2015 this Committee had made the decision to give delegated power to the Monitoring Officer to grant dispensations in relation to decisions on setting the Council Tax.  Subsequent Member training had recommended the consideration of further delegation to the Monitoring Officer to be able to grant dispensation applications in other circumstances where short notice might necessitate this. 

The report stated that in the circumstances as mentioned above a more rapid response in dealing with applications for dispensations was required. As such an arrangement needed to be in place whereby the Monitoring Officer could consider such requests quickly and efficiently, and reduce the need to convene an urgent ad hoc Standards Committee meeting to consider the applications.

The report summarised the current legal grounds for granting dispensations in paragraph 6 of the report, and suggested that delegated authority be given in points 6 (i) and 6 (iii) only, namely where without the dispensation, so many members have DPIs that it would impede the transaction of the business, or where without the dispensation, every member of Cabinet would have a DPI prohibition from participating. It was advised that it would be more appropriate for the remaining grounds for granting a dispensation to be dealt with and determined by the Standards Committee itself rather than being delegated.

Members were informed that whilst consultation with an Independent Person in advance of a delegated decision being made was not a legal requirement, and was not recommended as it would not always be expedient, every effort would be made to consult with an independent person prior to reaching a decision under delegated powers.

It was highlighted that as with any power which was delegated, the Monitoring Officer retained the discretion to decline to exercise the power and remit the matter back to the Committee for its decision on the matter.

In considering the report before them, Members were in agreement that it would be sensible to delegate authority to grant dispensations. However some concern was expressed over whether there would be a process for reviewing the decisions which had been made.  Members were informed that although there was no formal process in place, any decisions made by the Council were subject to Judicial Review.

RESOLVED: That the Monitoring Officer be given delegated authority under Section 33 of the Localism Act 2011 to grant dispensations until 2 May 2019 with regard to a member application for a dispensation claiming that the following circumstances applied;

(i)            So many Members had Disclosable Pecuniary Interests that it would impede the transaction of the business; or

(ii)          Without the dispensation, every Member of the Cabinet would have a Disclosable Pecuniary Interest prohibition from participating.