Agenda item

To consider a report about recent developments relating to local authority governance and the councillor code of conduct.

The Committee considered a report of the Executive Director (Legal and Democratic Services) about recent developments relating to local authority governance and the Councillor Code of Conduct.  The Chair reported on his experience of the application of the current Code of Conduct, based on his experience as Labour Whip last year.  The Code applied to all councillors equally and its use was not based on party political considerations.  The investigation of complaints would be supported by the Executive Director (Legal and Democratic Services).  The Committee was being asked to await the publication of the Local Government Association’s (LGA’s) new Code, then to decide whether to adopt that Code or to adapt the Council’s existing Code.

The report indicated that, in 2019, the Committee on Standards in Public Life had published a report entitled “Local Government Ethical Standards”, which had made a range of recommendations in respect of Councillor Codes of Conduct and the investigation of complaints about councillors.  A summary of those recommendations was provided, alongside a summary of the Council’s performance against each one of them.

Work on implementation of the various recommendations had been halted at the start of the Covid pandemic, when all efforts had focussed on the Council’s response to the same.

In June 2020, the LGA had begun a consultation on a proposed model Code of Conduct for Members, a copy of which was provided with the report.  There was now no national Councillor Code of Conduct and each Council was able to adopt its own, leading to varying standards and expectations across the country.  The draft model Code was an attempt to set out a minimum set of obligations for councillors to promote public confidence in local governance arrangements.  The draft Code was in reasonably plain English and much of its contents were to be welcomed (although it did limit councillors power to speak where they had personal, non-pecuniary interests to a greater extent than the Council’s current code and the Council’s Monitoring Officer considered that the draft Code went too far in that regard).  The Council was now waiting for the outcome of the consultation process and it was very likely that an updated version of the draft Code would be produced.  This would be brought to Standards Committee for Members to consider.

The model Code and associated guidance were likely to address many of the recommendations made by the Committee on Standards in Public Life.  Rather than engage in a piecemeal review, it was suggested that the Council should review its Code of Conduct and Member complaints process once the final version of the LGA’s model Code of Conduct had been published as part of a single, comprehensive piece of work.  No complaints about Member conduct had been referred to Standards Committee for several years, and poor Member conduct did not appear to be a significant problem for the Council.  A short delay in updating the Council’s rules and procedures did not, therefore, appear to pose particular risks.

Members discussed the proposed approach to be taken and in general were in favour of awaiting publication of the final version of the Code.  However, concerns were expressed about the greater restrictions on councillor rights to speak when they had a personal interest.  The Council might not wish to adopt that element of the Code.  The Executive Director (Legal and Democratic Services) clarified that the LGA’s proposed changes would not limit a local councillor speaking on planning issues within their ward, unless he/she had pecuniary interest.

Resolved                               (1)     That the Committee notes this report.

(2)     That the Committee agrees to delay updates to the Council’s Councillor Code of Conduct until April 2021 to allow time for the LGA’s new model Code of Conduct to be finalised

(3)     That the Committee agrees that it will conduct an annual review of the Council’s Code of Conduct for councillors.