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Agenda item

Executive Summary of ‘Local Government Ethical Standards - A Review by the Committee in Public Life’, attached.

 

Members will recall that this Committee submitted a response to the Consultation.

 

The full Report of the Committee on Standards in Public Life can be found here.

 

The recently published Municipal Journal (the MJ), the management journal for local authority business referred to the recently published Report, in light of the Judicial Review outcome into the Standards regime in Devon, article attached.

Minutes:

The Committee considered the Executive Summary of ‘Local Government Ethical Standards - A Review by the Committee in Public Life’. The full Report of the Committee on Standards in Public Life was available on the web.

 

Members further recalled that the Committee previously submitted a response to the Consultation.

 

The Report outlined that it was clear from the evidence received that the benefits of devolved arrangements should be retained, but that more robust safeguards were needed to strengthen a locally determined system. Local Authorities needed to develop and maintain an organisational culture which was supportive of high ethical standards. Whilst an environment with limited external regulation was desirable, Councils needed the appropriate mechanisms in place to address problems when they arose.

 

A number of the recommendations outlined in the Report involved legislative change which would be a matter for Government to implement. However, the 26 recommendations included issues such as an updated model code of conduct (created by the Local Government Association), candidates standing for or accepting public office not being required publicly to disclose their home address, clarity that Councillors should be presumed to be acting in an official capacity in their public conduct (including social media), amendments to the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012, establishment of a register of gifts and hospitality, new requirements on declarations of interests, the role of the Independent Persons to be strengthened and new requirements for their terms of appointment, powers of suspension for the Authority (with appropriate safeguards), powers to establish decision-making standards committee with voting independent members, Councillors having a right of appeal to the Local Government Ombudsman, updating the Local Government Transparency Code to require councils to publish annually details of complaints, subject matter and outcome, clarification of the legal position regarding barring councillors from Council premises or the withdrawal of facilities, abolishment of the criminal offences in the Localism Act 2011 on Disclosable Pecuniary Interests, new requirements for Parish Council clerk qualifications and Parish Council Codes of Conduct, disciplinary protections for statutory officers, whistleblowing policies and a named contact for the external auditor, Councillors being listed as ‘prescribed persons’ for the purposes of the Public Interest Disclosure Act 1998, requirements to attend formal induction training and peer reviews including consideration of processes for maintaining ethical standards.

 

The Report also identified some ‘best practice’ for Local Authorities, which represented a benchmark for ethical practice which the Committee considered and discussed.

 

In terms of best practice 1 and 2 (prohibitions on bullying and harassment in codes of conduct and provisions in codes of conduct requiring councillors to comply with any formal standards investigation), the Council had amended its guidance to reflect.

 

Best practice 3 asked that principal authorities review their code of conduct each year and Members suggested this be an annual item for the Standards Committee to review.

 

The Code was accessible on the website, therefore fulfilled the requirement of the 4th recommendation and work has also taken place on the gifts and hospitality register, with the information now available on the Members profile pages (best practice 5).

 

A public interest test (best practice 6) had been written and was available from the Councillor complaints process webpages.

 

The Council was already compliant with best practice 7, 8, 9 and 10 regarding Independent Persons and relevant consultation mechanisms, publication timescales of decision notices and straightforward and accessible guidance on its website on how to make a complaint and the process.

 

The recommendations in relation to best practice 11 and 12 were not relevant to the County Council.

 

The Council had procedures in place to address any conflicts of interest when undertaking a standards investigation, addressing number 13 and also would take forward the suggestions of 14 relating to reporting on separate bodies (set up or owned by the Council) as part of annual governance statements.

 

In line with 15, senior officers regularly met with political group leaders or group whips to discuss standards issues.

 

It was MOVED by Councillor Connett, SECONDED by Councillor Chugg, and

 

RESOLVED that the Report be noted and that, in line with the best practice recommendation 3, the Standards Committee reviews its Code of Conduct on an annual basis.

Supporting documents:


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