Agenda item

To consider a report from the Monitoring Officer regarding a recommendation from the Standards Committee.

The Chairman invited Councillor Paul Oatway QPM, Chairman of the Standards Committee, to move and introduce the recommendations of his Committee that the Council adopt a new Members Code of Conduct and accompanying Guidance within the Constitution. This was seconded by Councillor Ruth Hopkinson.

Councillor Oatway explained the process by which the proposed Code had been developed, with a cross-party working group of the Standards Committee examining the new LGA Model Code and making adjustments where the group considered appropriate. He thanked Councillor Hopkinson, Chairman of the Standards Assessment Sub-Committee, for chairing the working group to review the LGA Code and make proposals. Views had been sought by Group Leaders and the Constitution Focus Group on several occasions as the revised Code was developed. All had noted the very limited sanctions available under the current legislation for Code of Conduct complaints against elected members, which he regretted. However, he commended the proposed new Code as being easy to digest, easy to read, and a workable and transparent document, which he hoped would also be adopted by town and parish councils in Wiltshire.

The Chairman then invited Gordon Ball, Co-opted Non-voting Member of the Standards Committee, and a participant in the working group and a parish councillor, to make a statement. Mr Ball echoed the concerns about limited sanctions, but was fully in support of the proposed new Code and encouraged the Council to support the proposals.

The Chairman then invited Group Leaders to comment on the report. Councillor Richard Clewer, Leader of the Council, and Councillor Ian Thorn, Leader of the Liberal Democrat Group, offered their support for the proposals.

The item was then opened for general debate, where Councillors expressed differing views towards the proposed Code.

Comments in opposition to the Code included noting the intentions of the Coalition government in 2010 when it set up the existing regime under the Localism Act 2011, which initially had included abolishing codes of conduct but serious misconduct being subject to criminal sanction, though adoption of a Code was included in the final version. Wiltshire Council adopted a light touch code as proposed by the then Department for Communities and Local Government. Comments were made that the proposed new Code added in elements which had been removed for good reason.

Concerns were raised about reintroduction of some elements within the proposed Code, such as in relation to respect, bullying, direct impact on wellbeing, or bringing authority into disrepute which although desirable in theory could be highly subjective and open up decision makers to trivial and petty complaints, as had occurred in the past.

Other comments in opposition included that there was very little poor behaviour by elected members, and the new Code was disproportionate, and it should be remembered that elected members also had enhanced protections on freedom of speech.

Other members raised concern that the new Code could lead to increased costs of administration, that Codes of Conduct did not meaningfully change member behaviour, that many parish councillors did not support a more onerous Code, that with lack of sanctions there was no reason to amend the Code.

Comments in support of the Code included that though there was no option to include further sanctions, the Code could still be improved, and that policies and codes should be reviewed regularly, and the Code had been in place since 2012. It was stated that petty or trivial complaints were received already, but that the procedure for dealing with complaints already allowed for those to be dismissed before they reached considered by a committee or any prospect of investigation, so there would be no additional costs. It was stated some behaviour could be improper even if not illegal, that Code remained light touch given the lack of sanctions, and that it was not possible to entirely eliminate any ambiguity in a document, but that principles could be set out, with guidance to help interpret the Code. It was also confirmed that no town or parish was required to adopt the revised Code.

Other comments made included the Code stating members with an interest would need to leave a room, which it was claimed disadvantaged members, and that points around who was a close associate was not clear.

In response to the debate Councillor Oatway provided details of the number of complaints against elected members, with a very high proportion dismissed at an early stage. He commented on references to light touch codes, and how that could sound to a member of the public. He said other public institutions and organisations were accountable, and the new Code improved their own accountability as members.

Following a vote, it was therefore:

Resolved:

That Council agrees to adopt the version of Part 12 – Members Code of Conduct attached at Appendix 1 to the report.

In accordance with the Constitution there was a recorded vote

For:                        48

Against:                  9

Abstentions:            3

Full details are attached to the minutes.