28 Consultation on Revised Code of Conduct PDF 72 KB
Minutes:
A report relating to a Revised Model Code of Conduct for Local Authority Members was submitted, together with a copy of a consultation document setting out the details of the amendments to the Code, and the views/comments of the Committee were sought.
RECOMMENDED that the Council be requested to approve the submission of the following comments in response to the consultation:-
(i)General
By becoming overtly prescriptive, the document becomes too intense, difficult to interpret and very rigid (almost a "checklist") which, if issues did not fall neatly into such list, could create "grey areas". The document was seen, however, as an attempt to be more proportionate, trying to ensure that democracy is enhanced, not undermined.
(ii) Unlawful Discrimination.
The proposed amendment to the Code is supported.
(iii)Bullying
There is a concern that any description of bullying behaviour should not be drawn too broadly, e.g. a "robust exchange" should not be interpreted as bullying.
(iv)Disclosure of Confidential Information
The proposed amendment to the Code is supported.
However Members felt that where interpretative Guidance Notes were to be issued to support the Code, it would be helpful if they were issued at the same time as the Consultation Paper, even if they were in draft form so Members could fully understand what was being proposed. Furthermore, the Committee felt that guidance should be "as appropriate as required", and that Members should be advised that this was not a hook on which they could hang inappropriate reporting-therefore there was a need to enforce in the Guidance the importance of confidentiality at all times.
(v)Commission of Criminal Offence before taking Office
The proposed amendment to the Code is supported. Members were also keen to ensure that, whatever changes were made to the Code in this regard, action should still be able to be taken, in appropriate (serious) cases to suspend any Member against whom criminal proceedings had commenced but had not yet been concluded.
(vi)Using or seeking to use improper influence
The proposed amendments to the Code are supported.
(vii)Publicity Code
The proposed amendment to the Code is supported.
(viii)Reporting breaches of the code and proscribing intimidation
The proposed amendment to the Code is supported.
(ix)Gifts and Hospitality
With public office currently running for a maximum period of four years, the Committee questioned why the requirement to disclose would "cease after five years following the receipt of the gift or hospitality".
(x)Body influencing public opinion or policy
The proposed amendment to the Code is supported.
(xi)Interests of family, friends and those with a close personal association
The proposed amendment to the Code is supported.
(xii) Definition of personal interests
The proposed amendment to the Code is supported.
(xiii)Disclosure of personal interests
The proposed amendment to the Code is supported.
(xiv)Public service interests
The proposed amendment to the Code is supported.
(xv)Prejudicial Interests - List of Exemptions
Any Councillor who was a member of a Committee and ... view the full minutes text for item 28