Agenda item

To receive, a report recommending granting a general dispensation for all councillors to enable them to participate in and vote on decisions relating to setting the Council Tax, housing matters and rents, plus members allowances.

RECEIVED a report from the Director of Finance Resources and Customer Services (No.165) relating to the granting of a general dispensation for councillors on the decisions due to be taken by Council (27 February 2013) in relation to the setting of the Council Tax, housing matters and rents plus members allowances.

NOTED

1.      Following on from the decision made at the previous Councillor Conduct Committee on 28 January 2013, members were being asked to consider granting a general dispensation enabling all members to participate in the discussion and vote on decisions relating to the setting of the Council Tax, Housing Rents & Members Allowances at the Council meeting on 27 February 2013.

2.      The need for the Committee to consider granting a general dispensation was on the basis that the previous specific exemptions allowing members to participate in the decision making process on these issues had not been carried over to the new Code of Conduct legislation.  The Assistant Director Legal Services confirmed that Section 106 of the Local Government Finance Act 1992 would still require any Member who was two or more months in arrears on their Council Tax to declare their position and not vote on any issue that could affect the calculation of the budget or Council Tax.

3.      The Monitoring Officers view that it would be prudent (in view of 2. above) for a general dispensation to be granted for all members in relation to decisions on the setting of the Council Tax, Housing Rents & Members Allowances, which would apply until the next Council election in 2014.

4.      The confirmation provided by the Assistant Director Legal Services that Lawrence Greenberg (Independent Person) had been consulted on the recommendations within the report and that Christine Chamberlain (as newly appointed Independent Person) would also be briefed on the advice received in relation to the exemptions for the dispensations being sought.

5.      Whilst supportive of the need for the dispensation, members expressed their concern that the previous exemptions had not been included under the legislation relating to the new Code of Conduct and standards framework.

AGREED

(1)    To grant the requests for dispensations in the following areas, effective until the next Council election in 2014:

(a)    an allowance, payment or indemnity given to members or any ceremonial honour given to members;

(b)    setting Council Tax or a precept under the Local Government Finance Act 1992, as amended from time to time or any superseding legislation.

(c)    setting a local scheme for the payment of business rates, including eligibility for rebates and reductions, for the purposes of the Local Government Finance Act 2012 as amended from time to time and any superseding legislation.

(d)    Housing matters and rents (provided that those functions do not relate particularly to the members tenancy or lease).

(2)    The dispensations in (1) above be approved under Section 31(4) of the Council’s Councillor Code of Conduct, on the grounds that it would be in the interests of persons living in the Borough for as many members as possible to be able to debate and decide on the issues in question.