Agenda item

For the Committee to complete the review of the Members’ Code of Conduct and consider the proposed changes made following the suggested revisions at its meeting in June 2017 for recommendation to Council for adoption.

There was submitted a report (A.3) by the Council’s Monitoring Officer which had requested the Committee to complete the review of the Members’ Code of Conduct and consider the proposed changes made following the suggested revisions made at its meeting in June 2017 for recommendation to Council for adoption.

As part of its annual work programme, the Committee had commenced a review of the Members’ Code of Conduct and had paid particular attention to the definitions of interests.

The Committee recalled that, at its meeting on 29 June 2016, the Monitoring Officer had informed Members that there would be some merit in undertaking a light touch review of the Code of Conduct and to consider removing the distinction between “Other and Non Pecuniary Interests” by joining them together and reviewing the definitions. The Monitoring Officer had also informed Members that the three different types of interest had caused confusion with Members and the public and could be made simpler. In addition, it had been raised whether the provisions on declarations of interests had gone far enough and questions had been asked whether the Council should be retaining a register of interests. Matters such as membership of various groups or organisations had caused concerns with elected Members and the public that those were not registered, and whilst this was not required on a statutory basis, provisions could be included within the local Code.  Members had discussed the advantages of a register of interests, beyond the statutory minimum which was required by the legislation and had welcomed further exploration in this area.

At that meeting the Monitoring Officer had informed Members that, nationally, a number of Councils had reviewed their codes since adoption, some in response to feedback on definitions or areas which were missing, or due to the lack of sanctions available if the obligations were compromised. New ideas such as a voluntary acceptance of suspension and a recall scheme were emerging and information on those could be presented to the Committee for information through the review of the Code.

The Committee recalled that, at its meeting in September 2016, potential changes and additions to the Code had been discussed in order to provide clarity in relation to:

• Separating the Rules of Conduct and General Obligations from the introduction and interpretation part of the Code;
• Merge Other Pecuniary Interests with Non-Pecuniary Interests; and
• Effect of Other or Non-Pecuniary Interests on participation.

At that meeting it had been agreed that the Monitoring Officer would produce a revised draft Code of Conduct for further discussion to take place at the next meeting so that the Committee could work towards recommending minor changes to the Members’ Code of Conduct to full Council.

The Committee recalled that, at its meeting in June 2017 the Monitoring Officer had produced a revised draft Code of Conduct showing tracked changes and went through it stage by stage. A clean copy had also been provided for further consideration by the Committee.

At that meeting the Monitoring Officer had confirmed that she would action the amendments suggested by the Committee and provide a further amended version of the Members’ Code of Conduct at its next meeting before going to full Council.

Members now had before them a revised draft Members’ Code of Conduct showing changes in Appendix A for their consideration.

Members raised questions which were responded to by the Monitoring Officer.

The Independent Persons (John Wolton and Clarissa Gosling) were given the opportunity to make comments and ask questions.

Having discussed the revised draft Code of Conduct, it was moved by Councillor Heaney, seconded by Councillor Nicholls and RESOLVED:-

that the revised draft Members’ Code of Conduct be recommended for adoption to Council with a commencement date of April 2018, to allow training to be undertaken by all Councillors between adoption and implementation.