To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:-
https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1
The deadline for the submission of public questions is midday on Thursday 6 February 2025 [midday 3 clear working days before the meeting].
The deadline for the submission of a statement is midday on Tuesday 11 February 2025 [midday the working day before the meeting].
The deadline for the submission of a petition is Wednesday 29 January 2025 [10 working days before the meeting].
Minutes:
Two public questions were received from Mr Alex McKinstry in relation to
Agenda Item 6 – Code of conduct Complaints Review:
Question 1
This relates to the review of code of conduct complaints (Item 6 on tonight's agenda). Complaint BCP-177 was submitted by me on 4 April 2024. Having received a reply from the subject councillor, the Committee decided to ask the councillor for further information, and that information was requested on 3 June 2024. Has the councillor now provided that information, and if so, has it been forwarded to the Committee? Can I also ask whether the subject councillor has at any point sought extra time to provide this material; and if so, what timeframe were they given? (The information was requested 254 days ago.)
Response:
Whilst the Standards Committee publishes preferred timeframes for the progression of complaints there are occasions where the process does fall outside of the same. In adjudicating complaints, the Chair of the Standards Committee in consultation with Independent Persons and members of the committee consider each case on its merits and on occasions this may result in extended timeframes.
It is unfortunate that this particular complaint is taking an exceptional period of time however it is important to respect the complainant and the subject councillors right to a fair investigation and that all evidence received is carefully reviewed. We are hopeful that this complaint will be determined in the near future.
Question 2
Again regarding BCP-177: this complaint was scheduled to be dealt with two meetings ago - on 8 October 2024 - but the Committee took the view that, as there had been correspondence between the subject councillor and officers, it would be worth allowing the Committee to see that correspondence prior to making any determination. Has that correspondence been made available to the Committee so that they can potentially make a determination this evening? I ask this because the report for Item 6, paragraph 10, states: "The Committee must determine what course of action should now be taken to conclude the matters set out above." 315 days have now elapsed since this particular complaint was made.
Response:
As per question 1 we are hopeful that this complaint will be determined in the near future.
The following public statement was received from Mr Alex McKinstry in relation to Agenda Item 6 – Code of conduct Complaints Review:
“This relates to BCP-176, and the Committee may recall how the member was going to be referred to full Council for refusing to apologise for disrespectful conduct. The Item 6 report states that prior to full Council (on 3 November, to be precise), "the subject councillor provided the apology complying with the remedy". It is a fact however that the remedy imposed by this Committee was that the councillor apologise within 14 days of its determination (in other words, by 17 June 2024). The councillor's apology was not made until 139 days after that deadline, and 149 days after they told this Committee, in writing, that they would not comply with the sanction. In my view, the member should have been named at full Council for this long-standing contumacy, which breached 8.4 of the Code of Conduct plus the member's own declaration of office.”