Meeting documents

Members considered a report relating to the ongoing work of the review of the Code of Conduct and the complaints process which made a number of final recommendations to Full Council as to the way forward.

Earlier reports regarding the review had been considered in January, March and June 2015.  Following the June meeting of the Committee it had been agreed to consult more widely with Group Leaders, the Independent Persons the County Council and other District Councils in Buckinghamshire on all issues raised arising out of the report by Hoey Ainscough Associates and subsequent discussions. Hoey Ainscought’s report had been commissioned to examine Wycombe’s code and compare it against other Councils in the vicinity and across the country. This was attached at Appendix B to the report.

The seven issues which had formed part of the consultation were highlighted within paragraph 8 (a)- to (g) of the report. The responses which had been received were summarised in Appendix A of the report.

In considering the report before them, some Members highlighted the recommendation in paragraph (a) which intended that non DPI interests be brought into line with DPI interests, requiring the Member to declare and then to withdraw from decision making process for non-DPIs as well. There was debate around whether having to withdraw in situations where there was considered to be a very loose interest or connection to the subject matter meant that the Committee might be deprived of the benefit of their in depth knowledge of the issue under consideration.

The Monitoring Officer stated that irrespective of the Code requirements, it would nonetheless be advisable to withdraw where a non-DPI existed, as to take part in the decision making process put the decision at risk because of the suspicion of bias. It was also emphasised that Members should always seek advice as early as possible to clarify whether they may have a DPI or a non-DPI as there were many different issues to consider within each unique set of circumstances.  However it remained safer to err on the side of caution and to declare and withdraw if any doubt remained.

Having debated the matter in some considerable detail, Members agreed that from the seven issues which formed part of the consultation, four of those should be put forward for ratification and adoption by Council.

RECOMMENDED: That Full Council resolve that the following recommendations be adopted and the Head of Democratic, Legal and Policy Services in consultation with the District Solicitor be authorised to make all necessary and consequential changes to the Constitution:

(a)  To make it compulsory under the Code for Members to declare and withdraw from decision making, in circumstances where other "non-DPI" interests exist (so as to make the requirement the same as for where "DPI" i.e. Disclosable Pecuniary Interests exist);

(b)  To present regular quarterly reports to the Standards Committee in order to provide overview information on case numbers and types so as to highlight any emerging trends;

(c)  To add into the Code information about the criminal offence and sanctions which the law provides for breaches of the Code centred upon declaration of interests;

(d)  Whilst noting that there is no longer a legal duty for members to sign a declaration that they agree to abide by the Code which is for the time being in force, to nonetheless expect and encourage Members to sign a declaration that they agree to do so and to publish a list of Members who had voluntarily agreed to do so.