Minutes:
Consideration was given to the report, Committee on Standards in Public Life, Best Practice Recommendations – Member Code of Conduct, which had been circulated in advance of the meeting as an agenda addendum.
Jane Pollard (Legal Services Manager) introduced the report, stating that in 2019, the Committee on Standards in Public Life had issued its Local Government Ethical Standards Report which presented a variety of best practice recommendations to local authorities. Feedback was sought from local authorities in respect of whether these recommendations had been adopted.
Jane Pollard advised that the Council was largely compliant with the proposed best practice recommendations, however there were three main areas where the Authority’s practices differed:
· At present, the Council did not operate a gifts and hospitality register. Jane Pollard advised that the Local Government Association (LGA) was currently consulting on a model member code of conduct with a proposed financial threshold of £25, whereas the Committee on Standards in Public Life recommended a threshold of £50. In the interests of consistency, it would be appropriate to revisit this issue once the outcome of the LGA’s consultation was known.
· It was felt that an annual governance report to the Audit & Standards Committee to include complaints under the member code of conduct would improve practices. However, discretion should be retained to allow for anonymity in cases where no breach of the code was found or where individual circumstances justify such an approach
· At present, the Code of Conduct was subject to review only when there appeared to be some necessity to do so, either by national changes or local difficulties. It was felt that this approach remained reasonable and proportionate, however, an opinion was sought from the Committee in respect of the recommendation of the Committee on Standards in Public Life for codes of conduct to be reviewed annually.
Councillor Reilly indicated that it would be prudent to wait for the outcome of the LGA Model Code of Conduct consultation prior to implementing a change to existing arrangements.
In response to the Chair, Jane Pollard confirmed that complaints under the Member Code of Conduct were currently managed on a case by case basis; anonymity was maintained where no breach of the code was found. Under the existing arrangement, a complainant was entitled to request that anonymity be maintained in cases where fault had been found.
Councillor Reilly stated that anonymity was of fundamental importance; publication of allegations prior to a thorough investigation could lead to misuse of a complaints procedure with the intention of damaging a councillor’s reputation. He stated that openness and transparency should be maintained in cases where fault had been found.
In response to Councillor Horner, Jane Pollard advised that it was unusual for a complainant to request that details of an upheld complaint be withheld from the public. However, in circumstances when the individual was satisfied with the outcome and the matter had been resolved privately, it was felt that a request for anonymity to be maintained should be respected.
Sarah Duxbury (Assistant Director, Governance and Policy) advised that the Code of Conduct allowed scope for the Authority to exercise discretion and resolve complaints on a case by case basis. The Authority’s response advocated the introduction of measures to promote improved transparency whilst maintaining a focus on high-level details rather than necessarily the identity of those individuals affected which in some cases justified anonymity.
Sarah Duxbury commented that, by moving away from the discretion to approach this on a case by case basis, the Authority stood to lose some of the good standards that had been implemented and, to a large extent, adhered to.
The Committee indicated approval for the proposed response in respect of complaints under the Code of Conduct, with the exception of Councillor Horner, who stated that if a member was found to be at fault it was reasonable for the public to be informed, irrespective of other considerations.
Consideration was given to the schedule for review of the Code of Conduct. The Chair suggested that the appointment of a new council would provide a timely opportunity for any modifications to the Code to be considered, whilst retaining scope for officers to bring any proposed changes to members’ attention on an ‘as needs arise’ basis.
Councillor Holland stated that it would be reasonable to timetable review of the Code on a four-yearly basis. However, he suggested that this take place at the end of a four-year cycle, rather than at the beginning, to utilise the expertise of experienced councillors.
It was determined that a review of the Code of Conduct on a four-yearly basis would be appropriate.
Resolved:
That the Committee notes the response to the Committee on Standards in Public Life and endorses the response at Appendix 1 of the report.
There was no other business.