Agenda item

This report asks the Committee to consider and recommend to Full Council the adoption of a revised version of the Members’ Code of Conduct and supporting guidance.

Interim Executive Director of Resources and Monitoring Officer Asmat Hussain introduced this report, which presented the revised Code of Conduct.

The Council had been asked to review its Member and Officer Codes of Conduct in order to ensure that the Nolan principles were embedded in all the work undertaken by members within the Council. In May 2021, the Ethics Committee had agreed in principle to adopt the Local Government Association (LGA)’s Model Code of Conduct, subject to some revisions. The Committee was now being asked to consider the revised version of the Code of Conduct and associated guidance.

Officers had engaged in extensive consultation before finalising the report. The revised Code of Conduct had been agreed by the Whips, the Senior Leadership Team and the Executive Membership Team. Revisions to the Code of Conduct included emphasising the value of diversity and equality, the requirement by Members to attend essential training and a stipulation that Members needed to comply with the protocol and any guidance that may be issued from time to time by the Chief Executive or the Monitoring Officer. There would be further clarification on arrangements for dealing with the breach of the Code which would be brought back to the Committee in a further report. Training sessions on the Code had already began within the Council, and the intention was that two further sessions would be provided to all councillors on 4 October 2021.

The revised Code of Conduct provided further detail on disclosure of interests, including details of what constitutes a ‘Disclosable Pecuniary Interest’. Members would also be required to register ‘Other Registrable Interests’ such as school governorships or positions on boards of charities. These must be disclosed by Members and they may not speak on the matter unless members of the public were also allowed to speak at the meeting. However, if members of the public were not present, the Code stipulated that the Member may not take part in the discussion or vote on the matter and must leave the room unless they have sought and been granted a dispensation. The same rules would apply for interests which directly related to the Member’s financial interest or wellbeing or that of a relative or close associate.

The report recommended that the Ethics Committee agreed the revised Code of Conduct, which would be reviewed annually, and to acknowledge that the Code was a part of a suite of documents which would be used to support a high standard of conduct of the Council.

Councillor Prince asked if this was the right time to consider the changes to the Code of Conduct, given that the Government was preparing to respond to recommendations of the Committee on Standards in Public Life relating to sanctions for breaches of Member Codes of Conduct and there may be legislative changes arising from this. Officers explained that the Council’s existing Code of Conduct was very light; for example it did not require members with pecuniary interests to leave the room, which could have an impact on the way a Committee voted. The current Code also did not reference issues such as bullying and harassment and was light on Equalities. Therefore, it was important that the new Code be agreed promptly. In addition, the new legislation was likely to centre on issues such as sanctions, and it was not thought that it would have an impact on the content of the revised Code.

In reply to concerns from Councillor Prince on the requirement for Members to comply with the guidance issued by the Chief Executive or Monitoring Officer, it was clarified that this would only be used in scenarios where members needed to receive stronger or more specific guidance on interests, and was unlikely to be used frequently.

Councillor Fraser proposed an amendment to the Code relating to Other Registrable Interests, saying that although those interests should be declared, the part about Members not having the right to speak or leaving the room should be omitted from the Code. This amendment was agreed, with the stipulation that it be reviewed in 12 months’ time. 

In response to Councillor Prince’s question about including the Guidance in the Constitution, officers explained that this was necessary for reasons of transparency, as members of the public did not have access to the Member’s Handbook. However, if Members wished, a proposal could be put forward to the Constitutional Working Group that the Constitution be split into Part 1 and Part 2, with Part 2 containing the protocols and guidance aspects of the Constitution.

In response to the Chair’s question as to whether there would be a consultation with Members regarding the final version of the Officers’ Code of Conduct which was also being reviewed, officers confirmed that Members would be consulted.

The Committee RESOLVED to:

-       Agree to recommend to Full Council that the revised Code of Conduct and guidance be adopted in replacement for the current Members’ Code of Conduct in the Council’s Constitution (subject to the amendment proposed by Councillor Fraser).

-       Agree to recommend to Full Council that any changes to the Members’ Code of Conduct guidance should be delegated to the Ethics Committee.