Issue - meetings

Response to Consultation Paper - 'Communities on control: Real people, real power - Codes of conduct for local authority members and employees'

 

 

Meeting: 16/10/2008 - Standards Committee (this Committee has now been combined wit the Audit, Standrds and Governance Committee and no longer meets) (Item 37)

37 Consultation Paper on new Codes of Conduct for Local Authority Members and Employees pdf icon PDF 38 KB

[To consider the Department of Communities and Local Government consultation paper entitled "Communities in Control: Real people, real power - Codes of conduct for local authority members and employees" and to make recommendations to Council on the Council's response.]

Additional documents:

Minutes:

The Committee considered a report on a Consultation Paper issued by the Department of Communities and Local Government (DCLG) on changes to the Code of Conduct for local authority members and on a proposed new Code of Conduct for local government employees. 

 

At its meeting on 21st October 2008, the Corporate Management Team (CMT) would consider the Consultation Paper insofar as it related to the Employees' Code.  The comments and recommendations of the CMT would then be included in a report to full Council on 12th November 2008, with the DCLG's deadline for submission of responses being 24th December 2008.    

 

RECOMMENDED that the Council note the following responses from the Standards Committee on the questions raised in the Department of Communities and Local Government Consultation Paper on changes to the Code of Conduct for local authority members and on a proposed new Code of Conduct for local government employees:

 

Chapter 2: Code of conduct for local authority members

 

Question 1

Do you agree that the members’ code should apply to a member’s conduct when acting in their non-official capacity?

Standards Committee response:  Yes

Question 2

Do you agree with this definition of ‘criminal offence’ for the purpose of the members’ code? If not, what other definition would you support, for instance should it include police cautions? Please give details.

Standards Committee response: 

Yes, however it is felt that police cautions for offences for which there would not be the opportunity of paying a fixed penalty should also be included in the remit of the members' code. 

Question 3

Do you agree with this definition of ‘official capacity’ for the purpose of the members’ code? If not, what other definition would you support? Please give details.

Standards Committee response:  Yes

Question 4

Do you agree that the members’ code should only apply where a criminal offence and conviction abroad would have been a criminal offence if committed in the UK?

Standards Committee response:  Yes

Question 5

Do you agree that an ethical investigation should not proceed until the criminal process has been completed?

Standards Committee response: 

Generally yes.  However there should be discretion to allow for a member's immediate suspension from office in cases which involve, for example, a serious allegation of sexual/physical abuse involving either a young or vulnerable person or persons, and where the member might in his or her official capacity have contact with such persons.

Such a mechanism for automatic suspension pending the outcome of a criminal investigation is felt necessary in order for the public to have confidence that where a serious allegation has been made young and vulnerable people would not be put at any possible risk. 

Question 6

Do you think that the amendments to the members’ code suggested in this chapter are required? Are there any other drafting amendments which would be helpful? If so, please could you provide details of your suggested amendments?

Standards Committee response: 

Yes, however whilst agreeing that members who have already registered their interests in line with  ...  view the full minutes text for item 37