Members considered a report outlining proposals for a new Code of Conduct and new arrangements for dealing with Member complaints following implementation of the relevant provisions of the Localism Act 2011, the Localism Act 2011 (Commencement No.6 and Transitional, Savings and Transitory Provisions) Order 2012 and the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012. The Localism Act 2011 made fundamental changes to the system of regulation of standards of conduct for elected and co-opted Councillors. The existing Standards regime ceased to operate on 30^th June 2012 with transitional arrangements being limited and not allowing for the old arrangements to continue. From 1^st July, the Council was required to adopt a new Code of Conduct and put in place arrangements for investigating allegations of breaches and for making decisions in respect of those allegations.

Cllr. Fleming proposed and Cllr. Mrs Bracken seconded that the recommendations outlined on pages 25-26 of the agenda be agreed.

Cllr. Fittock welcomed the new procedure which enabled Members accused of breaching the Code of Conduct to have a right of reply and highlighted that the Independent Person, appointed by the three Leaders of the main political groups within the Council, would have the ability to review complaints prior to consideration at Committee.  Cllr Fittock expressed concerns that there was no right of appeal built into the process.

Cllr. McGarvey commended the work that had been undertaken to develop the new Code of Conduct, but expressed fundamental concerns surrounding the new requirements regarding declarations of interests, especially the requirements that interests relating to the employment of spouses needed to be declared. 

Responding to the debate, Cllr. Fleming highlighted that the old Standards regime had become uncontrollable and unfit for purpose.  What was in front of the Council was a simple regime that was transparent and easy to understand.  Importantly, the public would also be able to understand the new Code of Conduct for Members.  Cllr Fleming stressed that the District Council retained responsibility for reviewing and investigating all complaints within the District, including those relating to Town and Parish Councils.  In terms of right of appeal, Members did have a right of appeal, as cases could be referred to the Ombudsman.  Turning to the issues regarding declarations relating to the interests of spouses, representations were being made to Government as this was an issue that had been highlighted nationally.

Resolved: That

a)        the Department for Communities and Local Government Code, as recommended by the Task Group, be adopted as the new Code of Conduct for the District Council as attached at Appendix 2a of the report; and

b)        a Standards Committee be established with the Terms or Reference and Delegations to the Standards Committee as set out at Appendix 3.

c)         7 Members be appointed in accordance with the political balance rules to serve on the Standards Committee.

d)        the revised procedures for dealing with misconduct complaints including arrangements for the investigation of complaints alleging a breach of the Member’s Code of Conduct be adopted as set out in Appendix 4.

e)        the Monitoring Officer be authorised to advertise for no less than 1 Independent Person and that a panel comprising the leaders of the political groups be set up to set the allowances and expenses for the Independent Person and to short-list and interview candidates, and to make a recommendation to Council for appointment as set out in Appendix 5, subject to the amendment outlined above.

f)          the new Register of Interest Form for District Council Members be adopted and the definition for interests other than pecuniary interests called non pecuniary interests (NPI’s) as set out in the Form and as attached to this report at Appendix 6 be agreed.

g)        Council agrees to amend its standing orders to provide that a Member or Co-opted Member of the Authority must withdraw from the meeting room, including the public gallery, during the whole consideration of any item of business in which he/she has a DPI, except where he/she is permitted to remain as a result of the grant of a dispensation.  The power to amend the Council’s standing orders in this way is given by virtue of s.31(10) of the Localism Act .  This amendment to be incorporated into the Council’s chosen new Code of Conduct.

h)        powers to grant dispensations be delegated to the Monitoring Officer in relation to section 33(2)(a) and(d) of the Localism Act and delegate powers to grant dispensations to the Standards Committee in relation to section 33(2) (b), (c) and (e) of the Localism Act as set out in Appendix 7.

i)          that the Monitoring Officer be authorised to make the necessary changes to the Constitution by deleting those parts of the Constitution as set out as follows:

•  Part 3 – Standards Committee

•  Appendix O – Member’s Register of Interests

•  Appendix Q – Member’s Code of Conduct

•  Appendix S – Procedure for Local Assessment of Complaints about Allegations of Member Misconduct

•  Appendix T – Sub-Committees of the Standards Committee

•  Appendix U – Guidance on Applying the Appropriate Sanction when a Member has breached the Code of Conduct

•  Appendix V – Process and Procedure for Interviewing and Appointing (Independent and Town/Parish Council Representative) Applicants for the Standards Committee

•  Appendix X – Procedure for Referrals to the MO for Investigation and Determination

and inserting within the Constitution the new Appendices as approved by this report and any necessary consequential changes  including any reference in the Constitution to personal and prejudicial interests being changed to Disclosable Pecuniary Interests (DPI’s) and interests other than Pecuniary Interests called Non Pecuniary Interests (NPI’s).

j)          that the Standards Committee and or Modern Local Government Group keeps the Code and Arrangements under review and reports further to the Council as is considered necessary.   The Standards Committee will consider setting up a sub-committee for this purpose.