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Agenda item

Report of the County Solicitor (CSO/21/3) on the current position with the new model code of conduct, attached.

 

Minutes:

The Committee considered the Report of the County Solicitor (CSO/21/3) on the current position with the new model code of conduct.

 

The Committee noted that they had previously considered the Report of the Committee on Standards in Public Life ‘Local Government Ethical Standards - A Review by the Committee in Public Life’ which had been published on 30 January 2019. One of the recommendations of that Report was that the Local Government Association create an updated model Code of Conduct.

 

The Report explained the LGA’s wider programme of work on civility in public life and also the consultation process that had taken place in preparing the Code. The purpose of the new Code of Conduct was to assist Councillors in modelling the behaviour expected of them and to set out the type of conduct against which appropriate action may be taken, including some general principles of conduct.

 

In terms of responding to the Consultation, Devon’s response was broadly in support of the aims of the Code, but raised concerns over the lack of sanctions in the new proposals, in line with many other Councillors and Officers.

 

A copy of the final Model Code was received on the 23rd December and the Report contained a summary of its contents including a number of general principles of Councillor conduct (based on Nolan), when the code applied and what types of communication it covered. It also set out obligations, which were the minimum standards of conduct required of a Councillor, covering issues such as respect, bullying, harassing, equality, impartiality, confidentiality, interests, gifts and hospitality and not bringing the Council into disrepute. The Report outlined all the obligations in full.

 

The current Code of Conduct for the Council was attached to the agenda and Members noted that it had been adapted on numerous occasions, for example the adoption of the ‘Local Government Ethical Standards - A Review by the Committee in Public Life’ ‘best practice’ recommendations.

 

The Committee noted that additional guidance was anticipated to support the application of the new Local Government Association Code, initially expected in March but now more likely to be May.

 

Whilst many of the additions to the new Code were welcomed, for example the inclusion of social media and other electronic communications, the lack of sanctions was still a cause for concern, although it was acknowledged these required primary legislative changes.

 

Whilst the Local Government Association was promoting the new Code for adoption, there was no statutory requirement to do so and early conversations with colleagues were already showing a mixed picture, with some proposing to adopt the new Code but with local tweaks and others in its entirety and others proposing to adopt parts.

 

Members noted that:

 

·       sanctions within the Code still needed amending and strengthening;

·       declaration of gifts and hospitality outlined a £50 limit, but did not discuss frequency and how often a Member could receive them;

·       the definition of co-opted members was different at County compared to Parishes and could be confusing for some Members;

·       the aspiration was to have a uniformed Code across all Councils that had some authority;

·       co-opted Members, whether voting or not, still had power and influence and therefore the Code should still apply; and,

·       there had to be a reason to impress upon councillors the need to adhere to a code of conduct.

 

It was MOVED by Councillor Barker SECONDED by Councillor Twiss and RESOLVED

 

(a) that the process by which the Local Government Association (LGA) Model Code of Conduct was prepared and written be noted;

 

(b) that Members note further guidance is awaited, anticipated to be received in the next few weeks;

 

(c) that Members’ views as outlined above be noted and used as part of any future review on the new Local Government Association (LGA) Code of Conduct; and

 

(d) that the Committee further review the Local Government Association (LGA) Code, together with the guidance (when received), the current Code of Conduct and the views expressed at this meeting, and prepare a revised Code of Conduct for the New Council to consider for adoption.

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