To present the Committee with a review of the Members’ Gifts and Hospitality Policy conducted by Officers for the Committee’s comment and suggestions along with subsequent approval of the review and any associated amendments.

The Committee heard that the current Members’ Gifts and Hospitality Policy (the Policy) had been last considered by the Standards Committee at its meeting held on 14 March 2016.

Members were informed that the Council had adopted the Local Government Association’s Model Members’ Code of Conduct (the Code) with effect from May 2023, which Members must adhere to. The General Principles of Councillor conduct stated:-

“Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, councillors and local authority officers; should uphold the Seven Principles of Public Life; also known as the Nolan Principles. Building on these principles, the following general principles have been developed specifically for the role of councillor.

In accordance with the public trust placed in me, on all occasions:

• I act with integrity and honesty
• I act lawfully
• I treat all persons fairly and with respect; and
• I lead by example and act in a way that secures public confidence in the role of councillor.

In undertaking my role:

• I impartially exercise my responsibilities in the interests of local community
• I do not improperly seek to confer an advantage, or disadvantage, on any person
• I avoid conflicts of interest
• I exercise reasonable care and diligence; and
• I ensure that public resources are used prudently in accordance with my local authority’s requirements and in the public interest”

The Committee was told that under the “protecting your reputation and the reputation of the local authority” heading within the Code, Members were required to register and disclose their interests and consider their position with regard to Gifts and Hospitality.

“10. Gifts and Hospitality

As a Councillor:

10.1 I do not accept gifts or hospitality, irrespective of estimated value, which could give rise to real or substantive personal gain or a reasonable suspicion of influence on my part to show favour from persons seeking to acquire, develop or do business with the local authority or from persons who may apply to the local authority for any permission, licence or other significant advantage.

10.2 I register with the Monitoring Officer any gift or hospitality with an estimated value of at least £50 within 28 days of its receipt.

10.3 I register with the Monitoring Officer any significant gift or hospitality that I have been offered but have refused to accept.

In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a councillor. The presumption should always be not to accept significant gifts or hospitality. However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case, you could accept it but must ensure it is publicly registered. However, you do not need to register gifts and hospitality which are not related to your role as a councillor, such as Christmas gifts from your friends and family. It is also important to note that it is appropriate to accept normal expenses and hospitality associated with your duties as a councillor. If you are unsure, do contact your Monitoring Officer for guidance.”

Members were made aware that Section 2 of the Bribery Act 2010 made it a criminal offence for a person to request, agree to receive, or accept a financial, or other advantage, to improperly perform or not perform, whether by her/himself or another, a relevant function or activity. In the context of the Council, the relevant function or activity meant a public activity which a reasonable person would expect to be performed in good faith, impartially, or in a particular way by a person performing it in a position of trust.

Officers also made the Committee aware that the Members’ Gifts and Hospitality Policy had been based upon the previous guidance which had essentially remained unchanged; however, the Code provisions had been replaced with the current Code of Conduct requirements.

Members also heard that the Policy aimed to provide a clear set of rules for the protection of both Members and the Council, and which set out the General Principles to be applied when deciding whether it would be proper to accept any gift or hospitality; along with the procedure for declaring any such gift or hospitality.

It was reported that the Policy included at section (b)(viii) a list of circumstances, which the Committee was requested to agree, in which it would be appropriate for Members to choose to accept gifts and hospitality. Declarations would still be required in accordance with the Policy.

It was the responsibility of each individual Member to observe the Policy, but that the Monitoring Officer and Leadership Support Officers would assist where possible.

It was moved by Councillor Alexander, seconded by Councillor Wiggins and unanimously:-

RESOLVED that the Committee:-

1)    notes the outcome of the review of the Members’ Gifts and Hospitality Policy, as set out in Appendix A of the Officer report (A.2); and

2)    approves the updated Members’ Gifts and Hospitality Policy for circulation to all District Councillors.