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Agenda item

Committee on Standards in Public Life

To receive an update from the Monitoring Officer on the report of the Committee on Standards in Public Life.

Minutes:

A report from the Monitoring Officer summarising the report of the Committee on Standards in Public Life regarding its review of Local Government Ethical Standards was presented. The report had followed a consultation in 2018, to which the Standards Committee had delegated preparation of a response, which was attached to the agenda papers.

 

The Committee on Standards in Public Life had reached a number of conclusions including that the introduction of an updated model Code of Conduct would aid clarity and consistency, that towns and parishes should be required to adopt the Code of their principal authority, and that existing sanctions for breaches were insufficient, recommending that the ability to suspend members be reintroduced.

 

The Standards Committee noted the conclusions of the Committee on Standards in Public Life, in particular that many of its recommendations would require the introduction of primary legislation, and therefore would not be implemented for some time even if adopted by central government. Therefore, they focused on the list of best practice recommendations compiled by the Committee on Standards in Public Life, which it had recommended all local authorities adopt where they were not already operating in such a fashion.

 

The Committee considered that with provisions regarding bullying and harrasment included in the guidance to the Code of Conduct as an example of behaviour which might not uphold high standards of conduct, there was not a need to amend the Code. It was also noted that the assessment criteria in Wiltshire already prohibited trivial or malicious allegations by any persons, and a public interest test, though actually enforcing cooperation with any standards assessment or investigation as recommended was not achievable, though was very much encouraged and usually undertaken.

 

The Committee noted that it was currently reviewing the arrangements for dealing with Code of Conduct complaints, and that this was felt to be more effective than the best practice recommendation that the Code itself was reviewed each year, including public consultation. It was felt a review in advance of the next election was more appropriate than committing to annual reviews which would not result in a great deal of amendment.

 

The Committee felt that the Code and arrangements were available on the website as recommended, although work would continue on making it as prominent and easy to access as possible. In relation to gifts and hospitality it was noted that there was not a requirement to declare gifts under the Wiltshire code, but that any such declarations were updated as they were made.

 

It was considered that with three independent persons who were consulted at each stage of the process the arrangements in Wiltshire easily met the best practice recommendations. In relation to publication of decision notices it was noted there was a balance between being open and transparent and which details should be considered private, and this would be considered in the ongoing review of the process.


Concerns were expressed at recommendations regarding complaints regarding member conduct toward a parish council clerk, given the limited resources and part time nature of the role, and the lack of ability for the principal authority to encourage such changes as proposed.

 

The Committee agreed that there were adequate procedures in place regarding conflicts of interest and updating political groups.

 

In discussing the best practice recommendations as fully detailed in the agenda papers, the Committee agreed that any changes to practice  or procedure should be recommended by the Constitution Focus Group taking into account the views expressed above.

 

Resolved:

 

For the Constitution Focus Group to consider the report and make such recommendations as felt appropriate.

 

 

Supporting documents: