Agenda item

To seek the granting of dispensations to a number of Members of Hyndburn Borough Council and Altham Parish Council to speak and vote on certain issues, as set out in the report.  Copies of the applications signed individually by the Councillors concerned are appended to the report contained within appendices 1 and 2.

Members were requested to consider a report of the Executive Director (Legal and Democratic Members considered a report of the Executive Director (Legal and Democratic Services) on the grant of dispensations.

Members were informed that, in June 2012, Hyndburn Borough Council and Altham Parish Council had each adopted a new Code of Conduct following the introduction of the new standards regime under the Localism Act 2011.  Unlike the previous codes, the new Codes did not expressly enable Councillors to speak and vote on a number of specific issues where a large number would have an interest, e.g. setting the Council Tax.  Therefore, Standards Committee would need to consider granting dispensations on those issues where legislation did not specifically allow Hyndburn and Altham Parish Councillors to speak and vote.

Hyndburn Councillors Dominik Allen, Peter Britcliffe, Susan Hayes, Carole Haythornthwaite, Michael Hindley, Sajid Mahmood, Caroline Montague and Steven Smithson submitted individual requests to renew their dispensations.  The requests related to dispensations to speak and vote on the following matters:-

• An allowance, payment or indemnity given to Members;
• Ceremonial honours given to Members;
• Setting Council Tax or a precept under the Local Government and Finance Act 1992 as amended from time to time or any superseding legislation;
• Setting a local Council Tax reduction scheme for the purposes of the Local Government Finance Act 2012 as amended from time to time or any superseding legislation; and
• 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

Dispensations in the above terms had previously been granted to the other 27 Hyndburn Borough Councillors and were not due to expire until either 2022, 2023 or 2024.

Similarly, legislation was silent on the issue of Parish Councillors being able to speak and vote on the setting of a parish precept, even though most, if not all of them, could have an interest in the decision as local residents.  Following a number of casual vacancies in 2021, three Councillors had been co-opted by Altham Parish Council. Councillors David Murray, Robert Dexter Stubbs and Joshua Haworth had all submitted requests to renew their dispensations to speak and vote in respect of the setting of a precept under the Local Government and Finance Act 1992 (as amended from time to time) or any superseding legislation.  Dispensations to this effect had previously been granted to the four remaining Altham Parish Councillors and were not due to expire until either 2022 or 2024. 

The Government had taken the view that a dispensation was unnecessary in certain circumstances and that councillors did not have a disclosable pecuniary interest in decisions relating to the setting of Council Tax levels.  The matter had not been decided by a court however and there was scope to argue that Hyndburn Borough Council and Altham Parish Councillors did potentially have a disclosable pecuniary interest when making decisions of this type, as they resided in the Borough / Parish and would be required to pay any new level of Council Tax or precept.  However, legal grounds existed to grant the requested dispensations pursuant to the Localism Act 2011.

Standards Committee was invited to decide whether to grant dispensations to allow each Councillor to speak and vote on the relevant issues.

A dispensation had to specify the period for which it had effect and the period specified could not exceed four years.  None of the current applicants had existing dispensations in force as they were newly elected/appointed.  Due to the postponement of the elections in May 2020 until May 2021 and the election or co-option of some individuals as a result of in year vacancies, it is proposed that the dispensations be granted for such periods of time so as to bring them into line with the timetable of local government elections for the seats held by the individuals concerned to simplify the administration of future dispensation requests.  If the Committee were minded to grant approval to the latest dispensation requests, it was proposed that the approval should cover the following periods:-

-        10^th December 2021 – 15^th October 2022 – Steven Smithson, Robert Dexter Stubbs, Joshua Haworth and David Murray.

-        10^th December 2021 – 29^th November 2024 – Dominik Allen, Peter Britcliffe, Susan Hayes, Carole Haythornthwaite, Michael Hindley, Sajid Mahmood and Caroline Montague.

The Committee could grant a dispensation to speak only, or could grant a dispensation to speak and vote.  A dispensation could be granted if Committee was satisfied on any of the following grounds:

• The number of members prevented from speaking or voting would be so great as to “impede the transaction of business”;  or
• The political balance at the relevant meeting would otherwise be sufficiently affected as to alter the likely outcome of the vote;  or
• The dispensation was in the interests of people living in the area; or
• All the members of the Cabinet were affected by the interest; or it was otherwise appropriate to grant the dispensation.

Resolved                               (1)     That the requests from Altham Parish Councillors Robert Dexter Stubbs, Joshua Haworth and David Murray, to grant dispensations to speak and vote on the issues set out in Section 3.4 of the report, be approved, to have effect for the period 10^th December 2021 to 15^th October 2022.

(2)     That the request from Hyndburn Borough Councillors Dominik Allen, Peter Britcliffe, Susan Hayes, Carole Haythornthwaite, Michael Hindley, Sajid Mahmood, Caroline Montague and Steven Smithson, to grant dispensations to speak and vote on the issues set out in Section 3.2 of the report, be approved, to have effect for the period 10^th December 2021 to 29^th November 2024.