Agenda and minutes

None.

In accordance with the Council’s Constitution, Members are asked to declare any personal or prejudicial interest they may have in any matter which is to be considered at this meeting.

None.

Agreed to exclude the public and press from the remainder of the meeting, as the business was confidential.

Papers previously circulated by letter dated 23 February 2010.

Further to an appeal hearing on 21 January 2010, received the Decision Notice of the First-tier Tribunal dated 18 February 2010 upholding Councillor Barnbrook’s appeal.

The Sub-Committee considered this very carefully and noted in particular that:

1.  the Tribunal had identified reasoning which could have led them to find that Councillor Barnbrook had been acting in his capacity as a councillor of Barking and Dagenham, or had been giving the impression that he was representing the Authority.  However, there were also contrary arguments in their view and, therefore, on balance they had concluded that he was not;

2.  Councillor Barnbrook had admitted, and publicly apologised for, his failure to remove the video from the Internet; and

3.  the Tribunal had found evidence to support the Sub-Committee’s finding that Councillor Barnbrook had been responsible for the inaccuracies posted on the website. 

Overall, the Sub-Committee were naturally disappointed by the result but nevertheless concluded that the outcome could easily have gone either way.  The option of an appeal/challenge against the Tribunal’s decision was considered but it was felt that it would not be in the public interest to pursue the matter further, including that it would not be a justified used of public money. 

Therefore agreed:

(1)  not to pursue any further appeal/challenge; but

(2)  within the wider audience of the Standards Committee, to learn from the experience and the findings of the case from start to finish, and as such to strengthen the understanding and knowledge of the Committee.