Agenda item

To consider revisions to the Code of Conduct, as requested by the Committee on 21 January 2015.

Public Participation

Councillors Christopher Newbury and Tony Deane and Mr Francis Morland addressed the Committee regarding the proposed potential Code of Conduct changes.

 

Background

The Chairman and the Monitoring Officer introduced a report on the review of Part 13 of the Constitution: Code of Conduct for Members. It was detailed that the new standards regime as required under the Localism Act 2011, including the current Code of Conduct, had been approved by Council on 26 June 2012. On 24 April 2014 and following more than 18 months of the new procedure and Code being in operation, the Committee received an update on the arrangements and operation since the beginning of the new regime and resolved:

 

To arrange a seminar as soon as possible for Members of the Committee and any other Wiltshire Councillors who wish to attend, together with the council’s three Independent Persons and Mr Paul Hoey of Hoey Ainscough Associates Ltd. to review the operation and effectiveness of the standards regime and consider whether any changes to the current system are appropriate.

 

That seminar, open to all Members, was held on 23 July 2014. At the following meeting on 8 October 2014 the Committee received a further update and resolved:

 

To task the Monitoring Officer with investigating the effectiveness of the Code of Conduct Complaints Procedure by collecting and analysing evidence on complaints received by Wiltshire Council, and to examine the Codes and procedures at other local authorities, and to bring a set of recommendations on any proposed changes to the Committee at its meeting on 21 January 2015.

 

On 21 January 2015 the Committee received that report reviewing the effectiveness of the Council’s Code of Conduct, determining that improvements could be made to address concerns as detailed in that report, and it was resolved:

 

That the Monitoring Officer: 1) Draft proposals to strengthen the Code of Conduct, 2)Draft proposals for enabling the recording of gifts and hospitality at an appropriate level, and 3)Continue efforts to work with other Authorities to lobby central government to increase the level of sanctions available to councils, as soon as appropriate.

 

Prior to the consideration by the Standards Committee the potential amendments to the Code had been assessed by the Constitution Focus Group at its meeting on 2 September 2015, with its comments included with the agenda papers.

 

 

 

 

General Debate

Before discussing the specific potential amendments referred on by the Constitution Focus Group for further debate and determination, the Committee discussed the present Code and complaints procedure and assessed whether they considered changes proposed to be necessary to improve its effectiveness, where points including the following were raised:

 

·         Members discussed the previous standards regime which had been abolished by the Coalition government, and the stated intentions of the new regime which included a recommended ‘light-touch’ Code which after consideration Wiltshire Council had adopted. It was stated most authorities had since adopted variations of different levels of detail from that Code, and the Committee considered whether they felt the evidence in Wiltshire was that adoption of similar additional provisions, some of which had been included under previous Codes, would enhance the current regime as they had requested at the meeting on 21 January 2015.

 

·         Dissatisfaction with the old standards regime was raised by some Members in relation to bureaucratic delays and perceived lack of fairness toward subject Members, as well as a perceived excess of trivial complaints being referred for investigation not being in the public interest.

 

It was debated whether the new procedure for processing complaints, as detailed in Protocol 12 of the Constitution, was sufficient in preventing trivial, or vexatious  complaints from proceeding to costly investigations not in the public interest, such that even were additional provisions in the Code utilized for trivial matters, they would not cause any significant burden on resources of officers or Members.

 

·         The language of the potential amendments was considered, and if compared to the current Code they offered further clarity and definition of behaviours that should be regarded as unacceptable.

 

·         It was discussed if the perception of councillors being appropriately held to account for unacceptable behaviour would be improved by the potential amendments, and if so if they would be actually effective in moderating inappropriate behaviour.

 

The Committee also received comments on the current procedure and Code from two of the council’s Independent Persons.

 

Consideration of potential amendments

After general discussion on whether there would be a benefit to amending the Code, as detailed above, the Committee went through each potential amendment in turn as follows:

 

·         Youmust treat otherswithrespect

 

The Committee considered that as respect for others was fundamental to the role of being an elected representative, the specific provision requiring that Members must treat others with respect should be included within the Code.

 

·         Youmust not:(a) do anything which may cause your authority tobreach the Equality Act 2010 or otherrelevant equalityenactments. (b)  bullyor intimidateany person; (c)do anything which compromises or is likely tocompromise the impartiality of thosewho workfor, oron behalfof yourauthority.

 

In relation to point (a) above, the Committee determined that as it was already a legislative requirement to take account of relevant Equalities enactments, there was no further benefit to be obtained by including the requirement within the Code.

 

In relation to point (b) above, the Committee discussed if the provision on respect was sufficient to also cover allegations of bullying and intimidation, the definition of bullying in respect of complaints against councillors given the often robust nature of political debate and representative work, and at the conclusion of debate determined the provision should be included within the Code.

 

In relation to point (c) above, the Committee discussed the circumstances in which a Member might be regarded as compromising the impartiality of someone working for or on behalf of their authority, and if other provisions were sufficient to cover such behaviour, or if the inclusion might discourage Members from appropriate communications of their views and those of their electors to an officer. After debate, the Committee determined the provision should be included within the Code.

 

·         Youmust not:

 

(a) disclose information given toyou in confidence by anyone, or information acquired by you which you believe, or ought reasonably tobe aware, is of a confidentialnature,except where:

 

(i)        youhave theconsent ofa personauthorised togive it;

 

(ii)       youare requiredby lawto doso;

 

(iii)      thedisclosure is:

 

           (aa) reasonableand inthe publicinterest;and

(bb) madein goodfaith andin compliancewith thereasonable

requirements of yourauthority.

 

(b)  preventanother person fromgaining access to information to which that personis entitledby law.

 

The Committee discussed whether it was necessary to include the provisions on breach of confidentiality, and determined that they should be included within the Code.

 

·         Youmust notconduct yourselfin amanner whichmay reasonablybe regardedas bringing youroffice orauthorityinto disrepute.

 

The Committee determined that the wording of the potential amendment was overly vague and open to misuse and that including provisions on bullying, intimidation, financial impropriety and more sufficiently defined specific behaviours to regulate Members to not bring their office or authority into disrepute. They therefore did not recommend the provision be included within the Code.

 

·         In addition,you must,within 28daysoftaking office asa Memberorco-opted Member,notifyyourauthority’smonitoringofficerofany disclosablepecuniaryor non- pecuniary interestswhichyourauthorityhas decidedshouldbe includedin theregister, including:

 

(a) any body ofwhich you are a Member or in a position ofgeneral control or management and towhich you are appointed or nominated by the authority;

 

  (b) any body exercising functions ofa public nature of which you are   a Member or in a position ofgeneral control or management;

 

(c) anybody directed to charitable purposes ofwhich you are a Member or in a positionof general control or management;

 

(d) any body one ofwhose principal purposes includes the influence ofpublic opinion or policy (including any political party or trade union) ofwhich you are a Member or in a position ofgeneral control or management.

 

The Committee discussed at length whether additional non-pecuniary interests should be required to be included on a Members’ Register of Interests, taking account that the Localism Act 2011 had defined specific pecuniary interests and no interests as statutorily necessary to be declared, which had been approved by Council when adopting the new regime in 2012.

 

It was also noted, however, that the Act had allowed discretion to Authorities to include non-pecuniary interests they felt should be required to be registered. A debate arose regarding on whether the current simple encouragement of Members to declare relevant non-pecuniary interests was, after several years of operation, seen as adequate, and whether it would protect Members and their authority if further interests were required to be included on a register of interests form.

 

Members debated whether simple membership of a charitable organisation should be required to be declared, and if this would be considered onerous in particular to any Town or Parish Councils that might consider adopting Wiltshire’s Code.

 

Members also discussed how new interests not present when a Member first took office needed to be registered, and emphasised the requirements of paragraph 11 of the Code, to declare any relevant pecuniary or non-pecuniary private interest that related to their public duties, and strongly felt that even where an interest was included on their register of interests, a Member should publicly declare that interest at a meeting if relevant to the business to be determined to be open, transparent, and protect the Member and Authority from any allegations or challenges.

 

At the conclusion of debate the Committee determined that the provisions above should be included within the Code.

 

·         You must within 28 days of receipt, notify the monitoring officer in writing of any gift, benefit or hospitality with a value in excess of £50 which you have accepted as a Member from any person or body other than the authority. The monitoring  officer will record your notification on your register of interests

 

The Committee, having determined at its 21 January 2015 meeting to reintroduce a requirement to register gifts and hospitality, accepted the proposed wording with the removal of the final sentence as an administrative detail not a Member Code of Conduct matter.

 

Following final consideration of the proposed changes, it was stated that although there would not be a full consultation, the proposed amendments would be circulated to all Town and Parish Councils in Wiltshire for their attention, should they wish to comment or consider adopting the proposed revised Code themselves.

 

Resolved:

To recommend that Council approve the amendments to the Code of Conduct for Members as detailed above and attached to these minutes.

 

 

Mr John Scragg left the meeting at 1505.