Agenda item

Recommendation:

 

To agree a response to those parts of the consultation paper concerning proposals for revising the Local Authorities (Model Code of Conduct) Order 2007 and the Relevant Authorities (General Principles) Order 2001.

 

 

(Monitoring Officer) This consultation paper is one of a series of Communities in Control consultation documents following the publication of the Local Government Empowerment White Paper, Communities in Control: Real People, Real Power, on 9 July 2008, and builds on work still in progress from the 2006 White Paper, Strong and Prosperous Communities. 

 

This paper invites views on proposals for revising the Local Authorities (Model Code of Conduct) Order 2007 and the Relevant Authorities (General Principles) Order 2001. It also seeks views on the proposed introduction of a model code of conduct for local government employees although this part is not an issue for this Committee. Particular questions on which comments are sought are summarised at Annex A to the paper.

 

Copies of the consultation paper have been sent to all principal local authorities, parish councils and other organisations and individuals who have a particular interest in these issues

The Committee were advised that the Department for Communities and Local Government had issued a consultation paper inviting views on proposals for revising the Local Authorities (Model Code of Conduct) Order 2007 and the Relevant Authorities (General Principles) Order 2001.  It also sought views on the proposed introduction of a Model Code of Conduct for Local Government employees although that part of the consultation paper was not an issue for this Committee.

 

The Committee considered the questions posed in the consultation document on revisions to the Members’ Code of Conduct. 

 

            RESOLVED:

 

            (1)        That the Monitoring Officer respond to the consultation paper incorporating the following views:

 

            Question 1

 

            (Do you agree that the members’ code should apply to a member’s conduct when acting in their non-official capacity?)

 

            Response – Yes.

 

            Question 2

 

            (Do you agree with the definition of "criminal offence" for the purpose of the members’ code?  If not, what other definition would you support, for instance should it include police cautions?)

 

            Response – Concern at the reference to paying a fixed penalty instead of facing a criminal conviction as this opportunity is not restricted to minor criminal offences.   Also, there are regular changes made to offences to which the opportunity to pay a fixed penalty applies.  It is considered that some offences are of such a nature that they should be subject to the Code even though they could possibly be the subject of payment of a fixed penalty.  In addition, there is an inconsistent approach in different parts of the country to police cautions.  It is considered that a better approach would be to list offences which will be subject to the Code and those which will be excluded. 

 

            Question 3

 

            (Do you agree with the definition of "official capacity" for the purpose of the members’ code?  If not, what other definition would you support?)

 

            Response – Yes.

 

            Question 4

 

            (Do you agree that the members' code should apply only where a criminal offence and conviction abroad would have been a criminal offence if committed in the UK?)

 

            Response – Yes.

 

            Question 5

 

            (Do you agree that an ethical investigation should not proceed until the criminal process has been completed?)

 

            Response – Yes, assuming that the timescale for concluding an investigation into an allegation is stopped and restarted on completion of the criminal process.

 

            Question 6

 

            (Do you think that the amendments to the members' code suggested are required?  Are there any other drafting amendments which would be helpful?  If so, please provide details of suggested amendments)

 

            Response – Agree with the amendment of Article 2(5) to apply at paragraph 12(2) to parish councils.  It should be made clear that this also applies to town councils.

 

            Agree with the proposed amendment of paragraphs 8(1) (a) (i) and (ii).

 

            Agree with the amendment of paragraph 8(1) (a) in relation to the registration of a gift or hospitality.  It is also suggested that account should be taken of the aggregated effect of small multiple donations by a single donor which exceed the £25 limit.

 

            Agree with the proposals regarding prejudicial interests.

 

            Question 7

 

            (Are there any aspects of conduct currently included in the members' code that are not required?)

 

            Response – None.

 

            Question 8

 

            (Are there any aspects of conduct in a member's official capacity not specified in the members' code that should be included?)

 

            Response – None.

 

            Question 9

 

            (Does the proposed timescale of two months, during which a member must give an undertaking to observe the members' code, starting from the date the authority adopts the code, provide members with sufficient time to undertake to observe the code?)

 

            Response – Yes.  There have been no problems in meeting this timescale in the past.

 

            Question 10

 

            (Do you agree with the addition of the new general principle, applied specifically to conduct in a member’s non-official capacity?) 

 

            Response – Agree subject to clarification of the relationship between the two sets of principles.

 

            Question 11

 

            (Do you agree with the broad definition of "criminal offence" for the purpose of the General Principles Order?  Or do you consider that "criminal offence" should be defined differently?)

 

            Response – See comments in relation to question 2.

 

            Question 12

 

            (Do you agree with the definition of "official capacity" for the purpose of the General Principles Order?)

 

            Response – Yes;

 

            (2)        That the Department for Communities and Local Government be asked to incorporate specific reference to actions of members which result in conflict with Orders made by the authority, e.g. consistent breach of parking regulations leading to the issue of numerous penalty notices when not acting in an official capacity;  and

 

            (3)        That a draft of the response letter to the Department for Communities and Local Government be cleared by the Chairman of the Committee before being despatched.