Agenda item

To review the Councillor Code of Conduct which Council formally adopted in July 2012.  A copy of the code is attached. 

The Committee received a copy of the Councillor Code of Conduct for review. 

1.         John Austin, Monitoring Officer, advised that

• The new code of conduct had been drawn up to be more flexible than the previous code and councils had had more freedom in deciding what to include. 

• When the code had initially been approved last July, it had been decided that it would be reviewed after 6 months. 

• This was the start of a review, which it was anticipated would be carried out over the next few months. 

• Officers had two issues that they wanted to bring to members attention: registration of disclosable pecuniary interests and dispensations. 

• The circle of influence as regards disclosable pecuniary interests had been drawn quite widely to include anyone with whom the member had a close personal association.  Other councils had adopted a narrower definition. 

• It was also felt that the issue of dipensations should be reviewed, in the light of recent experience on the Council Tax benefit issue. 

• Some research has already been carried out to find out how other councils were dealing with these issues; this would be continued.   

2.         Questions/Comments

2.1       The list of disclosable pecuniary interests as set out in the Localism Act 2012 is set out on page 9 of the Code of Conduct.  Other pecuniary interests include any other financial interest which is not listed on that page. 

2.2       In reference to land and licenses, both landlord and tenant would be seen to have a beneficial interest.  Lawrence Greenberg felt that this should be spelt out more clearly. 

2.3       Tom Waterhouse said that he would be in favour of reducing the scope of the interests as he felt that most members would err on the side of caution and this could give a misleading impression.  In some cases general dispensations could be given enabling people with a strong individual interest to vote and influence the decision. 

2.4       There was also some discussion about how a dispensation should be granted.  In the current code members have to request a dispensation in advance of a meeting, in writing.  If an issue arises at the meeting, it would not be possible for a dispensation to be granted on the spot, members with an interest would have to leave and could not take part in the decision making.  To be more flexible this could be changed to enable members to raise issues at the meeting itself. 

2.5       Currently John Austin, as Monitoring Officer could only grant dispensations if the political balance of the council would be distorted by members with interests having to leave, or if it would affect the quorum of the meeting.   Other requests need to be approved by the Councillor Conduct Committee. 

2.6       Initially members felt that it was appropriate that a request should be put in writing as this enabled it to be reviewed properly, even if it did impede the transaction of the business.  Dispensations should be exceptions used only very occasionally, when absolutely necessary.   Further consideration of the issue would take place at the next meeting. 

AGREED that officers would carry out some further research, discuss possible changes with the Independent Persons and bring back proposals for discussion at the next meeting of the committee.