Agenda and minutes

Apologies were received from Cllrs Green and Thompson.

To approve as a correct record the Minutes of the meeting held on 17 November 2022, copy attached.

RESOLVED –

That the Minutes of the meeting held on 17 November 2022 be approved as a correct record.

Members to declare any interests.

Cllr Smith declared a personal interest in item 4 as Local Member for Chalfont St Peter.

To consider the attached report.

Contact Officer:  Glenn Watson

The Commission had launched a limited further consultation on revised proposals for four wards in the south-east of the county relating to the Buckinghamshire Electoral Review. These amendments were made by the Commission in response to a significant number of objections to their previous proposals in this area. The Commission believed their revisions achieve the best balance of their criteria: community identity, acceptable electoral variance, effective local government and their wish to minimise the number of parishes which would be split across Buckinghamshire wards.

The Commission had not indicated what position it had taken on the remainder of the county. Instead, it now intended to publish the final recommendations on all wards on 30 May. The consultation officially ended on 11 April but the Commission had given this authority an extension to 26 April to enable Council to consider the matter on that date, in the meantime noting the decision of this Committee. The report attached to the agenda included the views of the Members Working Group which met on 23 March which were considered by this Committee.

The Principal Governance Officer summarised some of the changes proposed by the Commission:-

·       To reverse the proposed extension of Chalfont St Peter southwards into Gerrards Cross Parish: based on “strong community-based evidence”

·       Consequently, to reduce the number of Chalfont St Peter councillors by one: to achieve acceptable electoral variance for that ward (10%)

·       To restore New Denham from Iver to Gerrards Cross & Denham: based on feedback that there were no “strong community or geographic links” between New Denham and Iver Parish. (The revision now aligned with the Council’s original submission)

·       To place Hedgerley and Fulmer within Farnhams & Stoke Poges: restoring Denham wholly to Gerrards Cross & Denham would result in that ward being out of variance; however, placing Fulmer & Hedgerley within the Farnhams & Stoke Poges Ward would achieve balance for both wards but would do so by expanding the latter from two members to three.

·       To pluralise ‘Farnham’ to demonstrate that both Farnham Royal and Farnham

Common are included in the name “Farnhams & Stoke Poges”.

·       One fewer councillor overall, 97 instead of the previously proposed 98. The Commission had indicated, throughout the review, that the “98” number could marginally increase or decrease depending on the final balance of criteria for each ward.

The Working Group had agreed to endorse the Commission’s proposed changes. One alternative proposal was put to the Working Group from Chalfont St Peter ward members, which following a vote, was not supported.

The recommendations in the report were proposed by Cllr Chapple and seconded by Cllr Chokkar. A Member then asked that an amended proposal be put forward for Chalfont St Peter, proposed by Cllr L Smith and seconded by Cllr Oliver, “to create a new single member ward for Gerrards Cross North and Chalfont St Peter South which better reflected their community identity”.

Cllr L Smith commented that CSP Local Members were concerned about the loss of community identity and drop in Members to 97.  ...  view the full minutes text for item 4.

To consider the attached report.

Contact Officer:  Mat Bloxham

The Committee received an update on the implementation of Elections Act 2022 in

Buckinghamshire. The Act changed the way UK parliamentary elections, local

elections, referendums and police and crime commissioner elections and electoral

registration was administered. The headline change was the new requirement for electors to show identification when they vote at a polling station from 4 May 2023, however the more technical changes to electoral registration, being implemented in phases, were also significant. Some of the Act’s forthcoming changes were subject to Statutory Instruments being made.

The Electoral Services Manager reported that the main changes were as follows:-

·       For elections held on 4 May 2023 onwards, electors would be required to show an approved form of photographic identification before voting in a polling station. For example, a passport, driving license, immigration document, a PASS card, Ministry of Defence Form 90, concessionary travel pass (excluding railcards) and national ID card were acceptable. It did not matter if the photo ID had expired, provided that the photo remained a true likeness of the person.

·       For elections taking place from May 2023, the Returning Officer would have a general duty to take all reasonable steps to support voters with disabilities. Whilst there was already a requirement to provide support to electors with disabilities this was being widened to move away from prescribed measures. From May 2023, voters would also be able to receive assistance from a companion over the age of 18.

·       A polling district and polling places review would be carried out later in the year once the new boundaries for both Parliamentary constituencies and the new wards for Buckinghamshire Council have been published. This review would include another assessment of accessibility.

·       From October 2023, electors would be able to apply for an absent vote (postal & one off proxy) online. Electors could already register to vote via gov.uk, and this would be extended to include absent vote applications. Absent vote applications could continue to be made on a paper form. The applicant’s identity would be checked as part of the absent vote application. This was already in place for new applications to register to vote.

·       From May 2024, EU citizens would no longer automatically be eligible to register to vote, vote and stand for election. This would apply for all local elections, referendums, Police and Crime Commissioner elections and those where the local election franchise was used. Going forward voting and candidacy eligibility for EU citizens would depend on the date of the citizen’s residency in the UK and any bilateral agreements in place between the UK and EU member states.

·       From January 2024, the current 15-year limit on voting rights for British citizens living overseas would be removed, and overseas electors would be able to register at an address where they were previously registered, or if they were never registered, where they were last resident.

During discussion the following points were noted:-

·       A Member referred to an upcoming Neighbourhood Referendum and asked what communications were taking place to alert local  ...  view the full minutes text for item 5.

To consider the report

Contact officer: Glenn Watson

This report provided the Committee with a review of the Member Code of Conduct

complaints dealt with during 2022/23. It also outlined the effectiveness of the

procedure; reports on the training given by the Monitoring Officer; and highlighted

emerging best practice in ethical governance. The report also updated the Committee on the outcome of a Stage 3 Hearing Sub-Committee into three complaints about a Hughenden parish councillor.

The Principal Governance Officer highlighted the following information to Members:-

•   Nine individual Buckinghamshire Councillors were the subject of a complaint in 2022/23. However, while 18 people made complaints, in 10 cases these related to three particular circumstances.

•      Nine individual parish and town councillors were the subject of a complaint in 2022/23. However, while 15 people made complaints, two complainants make a complaint about the same incident. One parish councillor was the subject of seven (nearly 50%) of the complaints received, covering six different circumstances.

•      The most commonly alleged breach of the Code was Respect. Overall, perceived disrespect was a cause of complaint in 25 of the 33 (76%) complaints received. It was equally the case for both tiers of council. This reflected the national picture. The second most common allegation was ‘bullying’ at parish level and ‘bias and predetermination’ at Buckinghamshire Council.

•      The Civility and Respect Project was a joint initiative between the National Association of Local Councils (NALC), the Society of Local Council Clerks (SLCC) and county associations. The Project was conceived in response to growing concerns about the impact bullying, harassment, and intimidation on local (parish and town) councils, councillors, clerks and council staff and the resulting effectiveness of local councils. It appeared only a small number of Buckinghamshire local councils had so far signed up to the pledge.

•      During 2022/23, the Buckinghamshire Council complaints were all considered within the timeframes apart from one: in that case, the Initial Assessment took 19 days rather than 15 while certain evidence was checked with the complainant.

•      52% of cases (17 complaints) were concluded at Initial Assessment as the Code was not sufficiently engaged. A further 36% (12 complaints) were closed at Stage 1 (Informal Resolution) with either no or minor action necessary. 88% of complaints were resolved without recourse to further escalation.

•      Three complaints (regarding the same councillor) were considered to be serious enough to warrant a Stage 3 investigation. Subsequently, a Hearing Sub-Committee of this Committee was convened. The outcome was that Cllr Derrick was found to have breached the ‘Respect’ provision in each case, and the ‘Bullying’ provision in two of them. In the interests of transparency, about the Council’s processes, a press release was issued at the request of the Sub-Committee to draw attention to the Council’s Decision Notice.

•      During 2022/23, and in fulfilment of the Council’s duty to promote and maintain good standards of conduct, the Monitoring Officer’s team delivered training through the Buckinghamshire and Milton Keynes Association of Local Councils in July 2022 and January 2023. The training covered member  ...  view the full minutes text for item 6.

To receive a verbal report

Contact officer: Nick Graham

The Service Director Legal and Democratic reported that the next Constitutional Working Group was on 27 April 2023 and if any Members wanted to put forward any suggestions to contact the Chairman or himself.

To consider the Work Programme

Contact officer: Nick Graham

The draft Work Programme 2023/24 was agreed. A question was asked about the Polling District Review and it was noted that the review must be carried out to make sure that all electors have such reasonable facilities for voting as are practicable in the circumstances and this would take into account accessibility.

17 May 4pm and 13 July at 2pm  (provisional)

17 May (following the Annual Council meeting) and 13 July 2023.