Agenda item

To consider the granting of dispensations to a number of Hyndburn Councillors and Altham Parish Councillors, to vote on certain issues (see Section 3 of the report).

Recommended                 (1)   That Committee approves the requests from Hyndburn Borough Council members to grant dispensations to speak and vote on the issues set out in Section 3.2 of the report for the period(s) indicated in paragraph 3.8; and

                                            (2)   That Committee approves the request from Altham Parish Council members to grant dispensations to speak and vote on the issues set out in Section 3.4 of the report for the period(s) indicated in paragraph 3.8. 

The Executive Director (Legal & Democratic Services) submitted a report seeking the granting of dispensations to a number of Hyndburn Councillors and Altham Parish Councillors, to vote on certain issues.  These were set out in Section 3 of the report.

In June 2012 Hyndburn Borough Council and Altham Parish Council 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.  Standards Committee considered granting dispensations on those issues. 

Following the Elections in May 2022 and a By-election in July 2022, a number of councillors were newly elected.  The following Hyndburn Councillors submitted requests for dispensations:

Councillor Scott Brerton

Councillor Danny Cassidy

Councillor Jodi Clements

Councillor Bernard Dawson

Councillor Peter Edwards

Councillor Zak Khan

Councillor Colin McKenzie

Councillor Kimberley Whitehead

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

-        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.

Request forms were also received from existing Members who were returned at the Elections in 2022 as follows:

Councillor Andrew Clegg

Councillor Marlene Haworth

Councillor Joyce Plummer

Councillor Steven Smithson

Councillor Josh Allen.

Dispensations were previously granted to the remaining 22 Hyndburn Councillors who were not due to expire until 2023 or 2024.

Legislation is silent on the issue of Parish Councillors being able to speak and vote on the setting of the parish precept.  Requests for dispensations were received from the following Parish Councillors:

Councillor Joshua Haworth

Councillor David Murray

Councillor Rennie Pinder

Councillor Robert Dexter Stubbs

Councillor Joseph Threfall

A dispensation had already been previously granted to Parish Councillor John Halstead and was not due to expire until 2024.  There was currently one vacancy on the Parish Council.

Dispensations were requested to cover the following periods:

20^th September 2022 to 19^th September 2023:

Councillors Zak Khan, Joshua Haworth, David Murray, Rennie Pinder, Robert Dexter Stubbs and Joseph Threfall.

20^th September 2022 to 19^th September 2024:

Councillor Colin McKenzie

20^th September 2022 to 19^th September 2026:

Councillors Josh Allen, Scott Brerton, Danny Cassidy, Andrew Clegg, Jodi Clements, Bernard Dawson, Peter Edwards, Marlene Haworth, Joyce Plummer, Steven Smithson and Kimberley Whitehead.

Due to a number of Members of the Committee declaring interests in this item, as declared in item 2 of the meeting, and to ensure that the meeting was quorate, it was determined that voting on this item would be taken separately for both the Hyndburn Councillors and the Parish Councillors.

Resolved                          (1) That the requests from Hyndburn Borough Councillors Scott Brerton, Danny Cassidy, Jodi Clements, Bernard Dawson, Peter Edwards, Zak Khan, Colin McKenzie, Kimberley Whitehead, Andrew Clegg, Marlene Haworth, Joyce Plummer Steven Smithson and Josh Allen, to grant dispensations to speak and vote on the issues set out in the minute above for the periods referred to, be approved; and

                                         (2) That the requests from Altham Parish Councillors Joshua Haworth, David Murray, Rennie Pinder, Robert Dexter Stubbs and Joseph Threfall, to grant dispensations to speak and vote on the issues set out in the minute above for the periods referred to, be approved.