5 APPLICATION FOR DISPENSATION - COUNCILLOR GWYNFOR OWEN
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To submit
the report of the Monitoring Officer.
Additional documents:
Decision:
(1)
Allow dispensation for Councillor Gwynfor Owen to represent the
Education and Economy Scrutiny Committee on the Task and Finish Group
established by the Care Scrutiny Committee to discuss the implementation of the
Gwynedd Autism Plan, on the condition that he is not appointed as Chair of the
Task Group.
(2) Refuse dispensation
for Councillor Gwynfor Owen to speak and vote on any occasion when this issue
arises as there was not enough information regarding the application to reach
an appropriate conclusion.
Minutes:
Submitted – the report of
the Monitoring Officer asking the committee to decide on a request for
dispensation by Councillor Gwynfor Owen:-
·
To represent the Education and Economy Scrutiny Committee on the Task and
Finish Group established by the Care Scrutiny Committee to discuss the
implementation of the Gwynedd Autism Plan.
·
To receive a general dispensation that would allow him to speak and vote
on any occasion when this issue arose.
The Monitoring Officer
detailed the application in question, and noted:-
·
Councillor Gwynfor Owen had declared a prejudicial interest in the matter
as an individual with whom he had a close personal connection was receiving the
services that were the subject of the scrutiny.
·
The application had been submitted in relation to points (ch),(dd) and
(e) of the relevant regulations, namely "if the nature of the member's
interest is such that the member's participation in the business to which the
interest relates would not damage public confidence in the conduct of the
relevant authority's business"; "if the participation of the member
in the business to which the interest relates is justified by the member's
particular role or expertise" and "if the business to which the interest relates is to be considered
by an overview and scrutiny committee of the relevant authority and the
member's interest is not a pecuniary interest".
·
The role of members in the Task Group was not to advise or provide
guidance, but rather to review the field, and although they would not be making
decisions, their report would influence the direction of scrutiny in this
field.
·
The Ombudsman's guidance on
the Code of Conduct noted that the Standards Committee would need to balance
the public interest in preventing members with prejudicial interests from
taking part in decisions against the public interest in decisions being taken
by a reasonably representative group of members of the Council.
·
If the Committee wished to approve the application, it should be
satisfied that the member had a specific role or expertise in the field that
would contribute to the work of the Task Group.
Members were given an
opportunity to ask questions of the Monitoring Officer.
Members were given an
opportunity to ask questions of Councillor Gwynfor Owen.
Councillor Gwynfor Owen then
withdrew from the meeting.
In discussing the
application for a dispensation to sit on the Task Group, the Committee
considered the following factors:-
·
Councillor Gwynfor Owen had experience of involvement in the field of
autism beyond family experience, as he had dealt with a number of parents of
children with autism in his ward, and was also Chair of the Governors of Ysgol
Hafod Lon which had a high proportion of children who had received a diagnosis
of autism.
·
He had also attended courses on autism for parents and had attended
meetings related to autism.
The Committee agreed that the member reached the threshold relating to a specific expertise in the field and that a dispensation should be permitted for him to sit on the Task Group. However, ... view the full minutes text for item 5