Agenda item

Localism Bill and Future Code of Conduct

Minutes:

The Chairman informed the Committee that as Chair of the Kent and Medway Association of Independent Members of Standards Committees he had been asked to write letters to Lords Tope and Beecham as they had submitted amendment 96A to the Localism Bill to permit a national Model Code of Conduct. Though the amendment had been withdrawn the letters were to support the Lords’ negotiations with the government. A copy of the letter was circulated to the meeting.

 

He explained that some elements of the Localism Bill were likely to remain, such as the abolition of Standards for England and that standards matters would be resolved at a local level.

 

It was not yet clear whether there would be a national Code of Conduct but he expected that many bodies and private legal firms would offer one. Kent County Council had already offered. A Member, who was in the Kent Association of Local Councils, informed the group that the National Association of Local Councils would produce a Model Code. Members agreed it was inefficient for all Councils to devise their own Codes of Conduct and that this would make it difficult to have a consistent level of transparency.

The Monitoring Officer brought Members’ attention to the questions raised in paragraph 10 of the report and the Chairman suggested that a working group could form some recommendations on them.

 

The Chairman asked for direction from the Committee on how to proceed.

 

In response to a question the Chairman clarified that, as the Bill stood, Independent Members would lose voting rights. Some Members of the Kent and Medway Association of Independent Members of Standards Committees had been concerned by this situation. However he felt Independent Members had no locus to lobby for changes to this. The SDC leadership had made it clear to him they wanted to keep Independent Members involved in the standards process. Independent Members could still work in an advisory capacity and the Chairman felt this would work so long as there was a proper mechanism in place for considering those recommendations and that there was a good working relationship between Independent Members and Councillors.

 

A Member, who had discussed the Localism Bill with the Minister for State, suggested that many of these matters would be dealt with under regulations rather than the Bill directly. If the Committee wanted to suggest amendments to these regulations then they should submit their views promptly.

 

Members discussed whether SDC would continue to have a role providing support to Town and Parish Councils when there was no longer an obligation to do so. Members accepted that Town and Parish Councils would be expected to pay for any support they received after the Bill had passed.

 

The Chairman felt SDC would have to show Town and Parish Councils that it was providing a valuable service. The final decision would be one for Town and Parish Councils but he believed the clerks appreciated their relationship with the Monitoring Officer. The Monitoring Officer added that the Bill would still oblige Councils to maintain high standards of conduct and that failure to register an interest would be a criminal offence, which was more draconian than under existing arrangements.

 

In response to a question the Monitoring Officer stated that the Committee dealt with approximately 17 complaints last year and only a couple each year tended to relate to District Councillors. A large number of complaints were dismissed at first instance.

 

The Committee thought more information would be needed on the possible cost of the District  Council providing a service in relation to complaint handling for Town and Parish Councils once the changes set out in the Bill had become law.  There was a concern that if Councils were charged a fixed sum then they might pay for services they did not use. If costs were based on use then Councils possibly faced insurmountable bills if problems escalated or if they faced a series of vexatious complaints, as had sometimes happened in the past. Some Members favoured some sort of fixed fee which would equate to insurance protection. This would help budgeting requirements.

 

The Committee agreed that the Monitoring Officer should notify Town and Parish Councils soon of the changes expected and invite comments on both the future of the SDC Standards Committee and whether they would be interested in Sevenoaks’ Standards Committee providing a service for them in the future. The letter was to be circulated to Members of the Committee and the Portfolio Holder for Safe Community for comment before it was sent out. The letter should make it clear that, following the Localism Bill, Councils could be charged for services they had received for free. The Committee expected responses to this letter, from Town and Parish Councils, by the end of September.

 

Members agreed a task and finish group should be formed to consider the matters raised in the report, consisting of about 6 volunteers. Membership would be agreed later by email.

 

A Member felt it would be inappropriate for the Committee to put forward suggestions without full consultation first with Sevenoaks District Council. The Chairman agreed he would have a discussion with the Leader and Portfolio Holder for Safe Community in early September before a task and finish group was formed.

 

The Monitoring Officer agreed to keep the Committee informed of further information she received about the timetable of the Localism Bill.

 

            Resolved:      That:

 

(a)  the Monitoring Officer notify Town and Parish Councils of the changes currently expected from the Localism Bill and invite consultation responses on whether they would be interested in the Standards Committee at Sevenoaks providing a chargeable training and complaint handling service;

 

(b)  the Chairman discuss with the Leader of Sevenoaks District Council and the Portfolio Holder for Safe Community their interest in the Standards Committee proposing new simplified structures following the abolition of the existing standards regime; and

 

(c)  pending such discussions, a task and finish group be formed to investigate recommendations to Sevenoaks District Council following the abolition of the existing standards regime.

Supporting documents:

 

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