Agenda and minutes

The Chairman welcomed Members to the meeting. Apologies were noted from Councillor Philip Lashbrook.

To enable Members to declare to the meeting any disclosable pecuniary interest they may have in any matter on the agenda for the meeting, where that interest is not already entered in their appointing authority’s register of interests, and any other pecuniary or personal interests in any such matter that Members may wish to consider disclosing.

No declarations were made.

To confirm the public minutes from the meeting of the Complaints Sub-Committee held on 18 October 2021.

The public minutes of the previous meetings were agreed as an accurate record.

Members noted the Sub-Committee’s Summary of Powers.

With respect to each of the following items, the Sub-Committee is recommended to consider:

That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting on the grounds that the report(s) contain or there may otherwise be disclosed information which is defined as exempt in within paragraph 1 (information relating to an individual) or paragraph 2 (information which is likely to reveal the identity of an individual) of Part 1 of Schedule 12A to the Local Government Act 1972 and that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Members were asked to consider whether the press and public be excluded from the meeting during the following three items of business, considering whether it was likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the  public were present during those items there would be disclosure to them of exempt information within Paragraphs 1 and 2 of Part I of Schedule 12A to the Local Government Act 1972, being information relating to any individual (paragraph 1) or information which is likely to reveal the identity of an individual (2) and, further,  that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

In respect of item 6 of the agenda the Sub-Committee agreed not to exclude the press and public.

In respect of items 7 and 8 of the agenda the exclusion was agreed.

(a) To consider complaints made against the Deputy Police and Crime Commissioner for Hampshire.

(b) To consider additional comments received from the complainants

(c) To consider additional comments received from the complained against

The Sub-Committee received a report of the Democratic Services Officer outlining the detail of two complaints received against Mr Luke Stubbs, the Deputy Police and Crime Commissioner (DPCC).

Copies of the PCC’s Code of Conduct and a copy of the public apology made by the DPCC on 22 December were tabled at the meeting.

The Chairman explained consideration of the complaints would be taken together as they related to the same matter, comments made by the DPCC at a meeting of the Hampshire and Isle of Wight Fire and Rescue Authority on 14 December 2021.

The Chairman further explained the Sub-Committee would consider whether the complaints being reviewed demonstrated a failure to meet the Code of Conduct, as published on the Police and Crime Commissioner’s (PCC) website, and that the Sub-Committee’s finding will be made on fact. 

The Chairman noted that both complainants and the DPCC had been invited to attend the meeting but had declined, and therefore the Sub-Committee would rely upon their written representation. It was confirmed that outcomes of the meeting would be confirmed to all parties in writing.

The legal adviser was invited to raise any comments to the meeting, for which he confirmed he had none.

The Chairman observed from the evidence presented that:

·         The DPCC attended a meeting of the Hampshire and Isle of Wight Fire and Rescue Authority on 14 December.

·         The minutes of that meeting noted that the DPCC had attended the meeting on behalf of the PCC, who had given her apologies. In this capacity he was invited to address the meeting.

·         During item 9 of that meeting the DPCC, by his own admission, had made a number of comments related to equality and diversity which were of his own personal view.

·         On 22 December 2021 the DPCC made a public apology for any harm or offence caused by the comments made.

·         The complainants alleged that in making these comments the DPCC had breached the code of conduct and caused reputational damage to the Office of the Police and Crime Commissioner (OPCC).

Members commented that it was appropriate that the DPCC had made a public apology, although one of the complainants considered the apology to be forced and therefore not entirely meaningful.

Members felt that the PCC had made her policy on matters of equality and diversity very clear since taking office and whilst acting as a representative of the PCC, any comment by the DPCC should have been reflective of the PCCs policy, not personal views which may not have been aligned with those of the PCC.

The meeting was adjourned in order for the Sub-Committee to consider the evidence that had been presented and to deliberate on their findings. When the meeting resumed, the Chairman announced the Panel’s determination that:

The Sub-Committee consider that, in speaking at the meeting of the Hampshire and Isle of Wight Fire and Rescue Authority on 14 December 2021, as a representative of the Police and Crime Commissioner (PCC), the Deputy Police and Crime  ...  view the full minutes text for item 21.

(a) To consider a complaint made against the Deputy Police and Crime Commissioner for Hampshire.

(b) To consider additional comments received from the complainant

(c) To consider additional comments received from the complained against

Members considered a report outlining the complaint, including comments

received from the complainant and complained against.

(Summary of an exempt minute)

To confirm the exempt minutes from the meeting of the Complaints Sub-Committee held on 18 October 2021.

The exempt minutes of the previous meeting were agreed as an accurate record.