Agenda item

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 who had a prejudicial interest in a particular issue should have the opportunity, having declared the nature of their interest, to address/make a statement to the Committee on the issue (but not to vote) before absenting themselves from the meeting.

(xvi)Overview and Scrutiny Committees 

The Committee are of the view that the time constraints where former members of the Executive cannot be involved in Overview and Scrutiny deliberations on issues with which they were involved in creating should be a maximum of three years.

(xvii)Participation in relation to prejudicial interests 

Subject to the comments in (xv) above the proposed amendment to the Code is supported.

(xviii)Sensitive information

The proposed amendment to the Code is supported.

(ixx)Register of member's interests

The proposed amendment to the Code is supported.

(xx) Gender neutrality of language

The proposed amendment to the Code is supported.