Meeting documents

The Committee considered a report of the Monitoring Officer (MO) on compliance with the requirements of the current standards framework. The framework required all Councils to adopt a code of conduct and Members were reminded that this had been updated recently to clarify that a member who declared a personal interest was still entitled to speak and vote on the item of business. The Monitoring Officer was pleased to report that all Councillors continued to be up to date with their register of interest forms, which they could update via the Extranet. Members noted that the Council kept a record of Town and Parish Councillor register of interests which had been largely complied with. Democratic Services reminded Clerks regularly to provide up to date register of interest forms for their Town/ Parish Councillors. These forms were published on the District and relevant Town/ Parish website.

The report also included recommendations made by the Committee of Standards in Public Life (CSPL) following their review on local government ethical standards. The Committee’s recommendations were in full at Appendix 1 to the report. The following key points were highlighted:

• Some of the key recommendations of the CSPL were highlighted at section 3.5 of the Monitoring Officer’s report.

• The CSPL found that the majority of Councillors and officer’s maintain high standards of conduct.

• Where there was misconduct, this was usually due to social media use, bullying and harassment.

• There was considerable variation in codes of conduct nationally, and some of the codes failed to adequately address social media, bullying, harassment or other disruptive behaviour.

• The role of the Independent Person was an important safeguard in the current system, and the CSPL felt that the role should be strengthened and clarified.

• The currents sanctions available to Local Authorities were deemed insufficient by the CSPL.

• The CSPL made 26 recommendations largely directed at central government as legislation would be required to make the changes.

• A national model code of conduct was suggested to ensure consistency in codes nationally. This was previously a requirement of the Local Government Act 2000, repealed by the 2011 Localism Act which gave Authorities the discretion over wording.

• The CSPL recommended that the current rules on declaring interests be repealed and replaced with an objective test. It was noted that Scotland and Wales have this provision.

• Further, that Councils be given discretion to establish standards committees with voting Independent Members and voting Members from dependant Parishes. The 2011 Localism Act repealed a similar requirement in the Local Government Act 2000.

• It was recommended that powers to suspend councillors be given back to Councils for a period of up to 6 months, to include Parish Councils and with agreement of the Independent Person. Councillor should be given the right of appeal to the Local Government Ombudsman.

• Parish Councils should be required to adopt the code of their principle authority (or the new model code).

• Monitoring Officers should be provided with adequate training, support and resources to undertake their role.

• Town and Parish Clerks should hold an appropriate qualification.

• Some of the recommendations were aimed at political groups; asking them to set clear expectations of their Members, and require Members to attend code of conduct training.

The CSPL’s best practice recommendations were detailed in the table at 3.6 of the report, reviewed and given a RAG status by the MO. It was noted that the gifts and hospitality register was not published quarterly as very few entries were made in the register.

With reference to recommended best practice (14) Members noted that Councils should report on separate bodies they have set up as part of their annual governance statement. The Head of Finance advised that currently  Consilio was still at the early stages of trading and had not been included in the Annual Governance Statement to date and the MO confirmed that the Company ‘s Directors were not Members of the Council. It was noted that the CSPL report could be used as a benchmark for recommended best practice for the new Unitary District Council.

Members welcomed the recommended changes to the framework particularly abolishing criminal offences with reference to Disclosable Pecuniary Interests and providing greater powers on suspending councillors where required, with the agreement of the Independent Person. In response to a question it was noted that when Councillors were suspended for six months under the previous standards framework this did not engage the six months rule in relation to attendance. Members also noted that new legislation would be required to implement the proposal. Members agreed that the new Council should take on board these recommendations with the exception that the recommendation that Parish Clerks should be able to ask the Chairman to complain on their behalf be brought to parish and town councils attention.

RESOLVED to note the current position and that the new Unitary District Council should consider whether any changes should be brought forward for consideration in the light of the recommendations made by the Committee on Standards in Public Life in their report on ethical standards in local government.