Archived decisions

REPORT OF THE

Governance Committee

PART I

REVISED MODEL CODE OF CONDUCT FOR MEMBERS

1. Following consultation earlier in the year by the Department of Communities and Local Government, a Statutory Instrument has been laid before Parliament bringing into effect the revised Model Code of Conduct for Members. The revised Code must be formally adopted by the County Council before 1 October 2007, or it will be imposed on the County Council under the terms of the Local Government Act 2000. The revised Model Code is attached as an appendix to this report. It has been considered by the Governance Committee and the Standards Committee and is recommended for adoption. The new Code is generally more supportive of members' representational role and should give them more flexibility than has been the case previously.

2. All elected and co-opted members of the County Council have had the opportunity to attend briefings on either 14 or 29 June given by the Head of Corporate and Legal Services and Monitoring Officer on the full range of changes and their implications.

3. These are the most significant changes. The Code will apply when a member is acting in either an official capacity or in a private capacity and is convicted of a criminal offence which brings their office or the County Council into disrepute - this provision will apply when the Local Government and Public Involvement in Health Bill is enacted. There are two new provisions relating to members' general obligations - an obligation not to bully any person and an obligation not to intimidate or attempt to intimidate any person involved or likely to be involved in any complaints. In relation to information given to members in confidence, the new Code allows members to disclose information where this is in the public interest but there are several caveats which will be difficult to overcome. The new provision is not an open door for members to disclose confidential information, therefore. The new Code also expands personal interests to include a wider range of people than family and friends. There is no longer a reference to "friends" but instead a reference to "close associates". There is a saving provision that the interest will only be personal if it affects the member or the other range of people within the definition more than it would affect the majority of inhabitants in the member's electoral division. Members must also enter in their Register of Interests any gift or hospitality to the value of £25 or more.

4. With regard to prejudicial interests, the circumstances in which a member has such an interest has changed significantly. The new Code is considered to be more beneficial so far as members are concerned in this respect. Whilst the test of what is a prejudicial interest is unchanged, the Code now provides that a member will have a prejudicial interest in any business of the County Council only where that business affects either the member's financial position or that of the range of people who must be considered when a member assesses whether or not they have a personal interest, ie the members themselves, their family or anyone with whom they have a close association. There are also significant changes to the consequences if a member is considered to have a prejudicial interest. The revised Code will allow members with a prejudicial interest to address a meeting at which the matter in which they have the interest is being considered and to make representations to the meeting. The only proviso is that the public must also be entitled to attend the meeting for the same purpose. In other words, where the public are entitled to attend a meeting of the County Council and make a deputation, then a member with a prejudicial interest is also entitled to the same opportunity. Having made their presentation the new Code requires the member to leave the room in which the matter is being discussed. The obligation that a member must not seek to influence a decision improperly is maintained.

5. Taking all the issues into account, the Committee is satisfied that the revised Code is an improvement on the current Code and gives members greater opportunity to make representations both on their own account and in respect of the interests of their constituents than has previously been the case.

RECOMMENDATION

That the revised Model Code of Conduct attached as an appendix to this report be approved.

TK Thornber, CBE

Chairman