Agenda item

To note the Pre-Election Publicity Guidance produced for elections within the Tendring District ensuring that its contents are clear for Members in readiness for the 2023 elections.

The Committee considered the Pre-Election Publicity Guidance produced in readiness for the 2023 District Council elections. The Guidance Note concerning publicity and resources was attached as an Appendix to the Monitoring Officer’s report (A.3).  The Committee was requested to provide any comments or seek clarification on the content of the guidance to ensure that it was clear, concise and easily understood by Members and Officers. Any feedback from the Standards Committee would be considered by the Chief Executive (who was also the Returning Officer for the elections) in issuing the revised guidance during February 2023.

The Committee was reminded that paragraph 3.8 (b) of the Council’s Members’ Code of Conduct required Compliance with the Law and the Authority’s Rules and Policies and stated that Members must comply with the Local Authority Code of Publicity made under the Local Government Act 1986 and any relevant guidance issued.

Members were informed that then Secretary of State for Communities and Local Government had issued the Code of Recommended Practice on Local Authority Publicity, under the Local Government Act 1986 (as amended) (“the Act”) and which had come into force on 31 March 2011.  The Code was recognised as the statutory guidance for local authorities to have regard to, at all times, ensuring their publicity complied with all applicable requirements and also to ensure that special care was taken during periods of heightened sensitivity such as during the period just before elections.

It was reported that local authorities were required by section 4(1) of the Act to have regard to the contents of the Code in coming to any decision on publicity.  Section 6 of the Act defined publicity as: “any communication in whatever form, addressed to the public at large or a section of the public”.  The Code therefore applied in relation to all decisions by local authorities relating to paid advertising and leaflet campaigns, publication of free newspapers and newssheets and maintenance of websites – including the hosting of material, which was created by third parties.

Nothing in the Code overrode the prohibition by Section 2 of the Act on the publication by local authorities of material, which in whole or in part, appeared to be designed to affect public support for a political party.  Paragraphs 21 to 24 of the Publicity Code offered some guidance for local authorities on the management of publicity, which might contain, or have links to, party political material.

Members were advised that Tendring District Council’s Guidance followed best practice and assisted the Council to fulfil its statutory duty to have regard to national guidance for pre-election periods.  The Local Government Association’s short guide to publicity during the pre-election period published in 2021 (and updated for 2023) had been reviewed and its contents had been taken into account.

The Committee was made aware that the Council was due to publish its Notice of Election on 13^th March 2023, which would commence the formal Pre-Election Period for Tendring District Council.

Having duly considered the information and advice contained in the Monitoring Officer’s report (A.3), together with the proposed Pre-Election Guidance for Tendring District Council Members and Officers:-

It was moved by Councillor Coley, seconded by Councillor Placey and:-

RESOLVED that the Committee - 

(a)    notes the contents of the Monitoring Officer’s report (A.3);

(b)    endorses the Pre-Election Guidance for Tendring District Council Members and Officers being circulated to all Tendring District Councillors, together with a reminder of paragraph 3.8(b) of the Members’ Code of Conduct; and

(c)    supports the Guidance being circulated to all Town and Parish Councils in the District.