Agenda item

-        Strategic Director of Resources to report.

Councillor Akhtar, Deputy Leader, introduced a report by the Strategic Director of Resources, which detailed how the current standards regime was set to end on 30th June, 2012 and the following day the new standards regime under the Localism Act 2011 implemented. 

The Act swept away the current statutory provisions under the 2000 Local Government Act, including a requirement to have a statutory Standards Committee and a Code of Conduct based on a statutory model. 

There would, however, be a statutory duty to promote and maintain high standards of conduct by Members and Co-opted Members and in discharging that duty the Council must adopt a Code of Conduct setting out what was expected of Members when they were acting in that capacity.

It was largely for the Council to determine the composition of its new Code of Conduct with the only mandatory requirements being that it complied with the seven principles of public life (the Nolan Committee principles) and contained appropriate provisions for the registration of pecuniary and non-pecuniary interests.  Disclosable pecuniary interests (“DPIs”) were a key change which would be detailed in regulations issued by the Secretary of State.  Members would be required to register disclosable pecuniary interests and not take part in any discussion or vote on an item in which they had a disclosable pecuniary interest.

A Member who had a disclosable pecuniary interest in an item of business would commit a criminal offence by failing to disclose it, taking part in the discussion and voting on that item.  There would, however, not be a requirement to leave the room while the item was discussed.  Consequently, it was recommended that the Council’s Standing Orders be revised to include such a requirement. 

There had been some delay in implementing the provisions of the 2011 Act that applied to standards and, in particular, the regulations defining what would constitute disclosable pecuniary interests have not yet been published.

Consequently, as the Government’s stated intention was to bring the new standards regime into force on 1st July, 2012 it was suggested that to avoid the possibility of the Council not having a Code in place the Cabinet recommend to full Council the re-adoption on the implementation date (subject to any transitional period in relation to the implementation of the new Code) of the new standards regime the current Code of Conduct for Members and Co-opted Members as revised by the Monitoring Officer, in consultation with the Leader and Deputy Leader, to reflect the mandatory requirements of the 2011 Act in relation to standards. 

The Monitoring Officer could thereafter review the revised Code and prepare a report and draft Code for consideration by the Cabinet with a view to recommending the adoption of a Code of Conduct by the Council. 

The Cabinet sought clarification on the issue of disclosable pecuniary interests and welcomed further information once the position became clearer.

Recommended:-  (1) That, subject to any transitional period in relation to the new standards provisions, on the coming into force of the relevant provisions of Chapter 7 (standards) of the Localism Act 2011 the Council re-adopt the current Code of Conduct for Members and Co-opted Members as revised by the Monitoring Officer, in consultation with the Leader and Deputy Leader, to reflect the mandatory requirements of the Act.

(2)  That the Monitoring Officer be instructed subsequently to review the revised Code and prepare and present to the Cabinet a draft code of conduct for recommending for adoption by the full Council. 

(3)  The draft Code should require registration and disclosure of interests which would today constitute personal and/or prejudicial interests, but only require withdrawal as required by the Act in relation to Disclosable Pecuniary Interests.

(4)  That when the Disclosable Pecuniary Interests Regulations were published, the Monitoring Officer, in consultation with the Leader and Deputy Leader, add to the draft Code provisions which were considered to be appropriate for the registration and disclosure of interests other than Disclosable Pecuniary Interests.

(5)  That a new sub-paragraph (4) should be inserted in Standing Order 28 (4) in the terms set out in the report and that sub-paragraphs (4) and (5) of Standing Order 28 be renumbered (5) and (6) respectively.