The Standards Advisory Committee of Tower Hamlets Council met on Thursday 30 July 2020 to discuss updates to the council's planning code of conduct, review the draft model code of conduct, and consider the annual report. The committee also reviewed complaint monitoring, member attendance, gifts and hospitality, and the impact of the COVID-19 pandemic on council operations.

Updating the Planning Code of Conduct and Training on Lobbying

The committee discussed a report on standards and code of conduct monitoring, prompted by concerns raised following cases in Redbridge and Hackney. The report recommended amendments to the planning code of conduct to reflect recent legal decisions, particularly the Holborn Studios case, which clarified that public objections to planning applications must be considered by committee members. This is a shift from previous practice where such objections were sometimes not considered due to concerns about lobbying. The committee agreed to recommend amendments to the planning code of conduct and to facilitate training for members on lobbying. Councillor Nafisa Adam, who initially raised concerns about the Redbridge case, expressed satisfaction that the report addressed her queries and felt the council's existing safeguards were robust. Rachel Mckoy, who authored the report, explained that the Holborn Studios judgment affirmed the importance of freedom of expression and fairness, ensuring that members can and should consider public objections. She also highlighted issues from the Redbridge case, including potential intimidation and bullying, and reassured members that Tower Hamlets' existing safeguards, such as clear protocols for engagement with officers, would prevent similar scenarios. Councillor Rabina Khan and Councillor Mufeedah Bustin echoed these sentiments, praising the council's existing training and objective approach to planning decisions. Elizabeth Marshall MBE endorsed the report, emphasizing the importance of transparency and clarity in the standards regime. Fiona Browne raised a point about how concerns made to individual councillors are communicated to the wider committee to ensure transparency and avoid bias, which was addressed by Matthew Mannion, who confirmed that officers play a central role in circulating all relevant information to committee members.

Draft Model Code of Conduct Consultation

The committee discussed the Local Government Association's (LGA) draft model code of conduct. Janet Fasan provided an overview of the LGA consultation, highlighting key discussion points. These included the use of social media by councillors, the distinction between personal and official capacity, and the debate around the term civility versus respect in the code. There was also discussion on the clarity of sanctions, the process for filtering complaints, and the use of the phrase Council will versus I will or should. The LGA's stance on not including specific clauses on inciting racial hatred, as it is already a criminal offence, was noted. The importance of annual training was reiterated, with the LGA promoting e-learning modules. The committee also discussed the definition of friend in relation to declarations of interest, noting that while not registrable, friends may need to be declared at meetings. The Livingstone case law, concerning comments made by the former Mayor of London, was referenced as still standing. The £25 threshold for declaring gifts and hospitality was discussed, with some noting regional differences in its perceived value. The committee agreed to collate individual comments into a single response from Tower Hamlets Council, with a deadline of 17 August for submissions.

Draft Annual Report

Matthew Mannion presented the draft annual report, which summarises the committee's work for the municipal year. The report details membership, including the role of independent co-opted members, and outlines the work of the Standards Advisory Committee, including three meetings held during the financial year. It highlights an increase in complaints during the lockdown period, with 18 complaints received in total, the majority from members of the public. The report also covers general and specific dispensations granted, declarations of gifts and hospitality, and the member development programme, noting the positive impact of virtual briefing sessions. The report references the Strength in Local Democracy report, the social media policy update, and the development of the members' hub and bulletin. It also touches upon the Local Government Ethical Standards Review and the Committee on Standards in Public Life's recommendations. The committee discussed the timeframe for the report, given the unusual circumstances of the extended municipal year and the absence of an annual meeting in May. The vacancy for a co-opted member was also addressed, with the advert now having gone out and expressions of interest being received. The committee agreed that the report would be presented to Full Council in the autumn.

COVID-19 Pandemic Impact on Council Operations

Matthew Mannion provided an update on the impact of the COVID-19 pandemic on council operations and members' arrangements. He noted the rapid implementation of virtual committees and the adoption of new technology, such as Microsoft Teams, which has facilitated continued decision-making. The report mentions the waiver of the requirement for an annual meeting in May and the addition of new rules to the council's constitution regarding virtual meeting procedures. A waiver to the requirement for attendance at meetings for six months, until the end of October, was also introduced to mitigate potential issues arising from technical difficulties. The pandemic has also affected the member development programme, with a shift towards virtual briefings and a re-evaluation of how training sessions are delivered. The ethics of property training is scheduled for early September, and the committee will explore how to deliver full training sessions effectively online. Member surgeries were curtailed due to lockdown, and the return of these, along with the work of the Speaker, is being considered. Councillor Mufeedah Bustin questioned the expectation that certain meetings, such as Cabinet and Planning, would generally refer to physical meetings when possible, suggesting that hybrid formats could be more inclusive. Matthew Mannion explained that the intention was to provide a physical option for significant meetings, but acknowledged the flexibility of virtual and hybrid models. Fiona Browne highlighted the importance of inclusivity and accommodating different approaches to risk, particularly for those who are shielding, and emphasised the need for training on chairing online meetings.

Complaint Monitoring

Janet Fasan presented the complaint monitoring report, noting a significant increase in complaints since the January meeting, with 18 complaints received in total. Several complaints were discussed, including those related to comments made at committee meetings, the handling of emails, and allegations concerning the distribution of food during Ramadan. In many cases, after preliminary inquiries and consultation with an independent person, no breach of the code of conduct was found. The report highlighted a trend of complainants not using the official complaint form, leading to delays and potential difficulties in processing. The committee discussed the need to strengthen the language on the council's website to clarify that complaints may not be investigated if the form is not completed, while still allowing for exceptions in serious cases or where individuals require assistance. The prevalence of social media-related complaints was also noted, with a reminder to members about the social media policy. The issue of declaring gifts and hospitality, particularly in relation to Iftar events during Ramadan, was discussed, with a recommendation to send out reminders to members about the £25 threshold for declaration. Councillor Abdal Ullah raised a pertinent question about valuing iftar meals and the challenges of declaring gifts and hospitality in different contexts, from community events to more formal gatherings. Asmat Hussain advised members to declare in case of doubt and to consult member support for guidance. Fiona Browne raised concerns about focusing too heavily on process and forms, suggesting a greater emphasis on communication and understanding the substance of complaints to achieve better outcomes. Janet Fasan reassured the committee that no complaints were being turned away, regardless of whether a form was submitted, and that dialogue and assistance were provided to complainants. Councillor Mufeedah Bustin inquired about repeat complainants, and it was confirmed that such cases had not been encountered.

Member Attendance Update

Matthew Mannion presented an update on member attendance, noting that the report had been updated with corrected figures. Councillor Mufeedah Bustin's maternity leave was acknowledged as a reasonable explanation for any absences.

Gifts and Hospitality

The report on gifts and hospitality indicated a significant decrease in declarations due to the pandemic. Three declarations were made by the Mayor in January, all within the specified timescale. The committee discussed the importance of members confirming nil returns to ensure all declarations are accounted for. The chair suggested that the list of members who had not responded to requests for confirmation of nil returns should be sent to the relevant whip for follow-up. The committee also agreed to introduce a process for chasing nil returns on a quarterly basis.

Dispensations

A report on dispensations detailed one specific dispensation granted to a cabinet member for housing, who is also a council tenant, concerning a tenancy review. General dispensations remain in place until May 2022.

Work Plan

The committee discussed the work plan, which largely replicates the list of items in the draft annual report. Suggestions for additional topics were to be circulated and agreed upon outside of the meeting. Members were invited to suggest any particular training or forward plan items they wished to see included.