Agenda item
Review of Local Government Ethical Standards
- Meeting of Standards Advisory Committee, Wednesday, 14th March, 2018 7.00 p.m. (Item 3.3)
- View the background to item 3.3
Minutes:
The Deputy Monitoring Officer presented the report which informed the Members that the Committee on Standards in Public Life (CSPL) was undertaking a consultation as part of its Review of Local Government Ethical Standards (CSPL Review).
Members were invited to consider the consultation questions at Appendix 1 and offer their views. These would be collated and a response made to CSPL on behalf of the Committee. The Independent Person offered her view that she welcomed the review since it offered an opportunity for the effects of the Localism Act 2011, to be quantified. The Committee was advised that the Deputy Monitoring Officer would collate Members’ responses and any individual responses that they may also wish to make. These would be circulated for comment prior to submission to CSPL.
The Committee considered the consultation under the headings listed below and their discussion is summarised:
The profile of Standards/Ethics Committees in Local Government –
The Committee was of the view that the status of such committees had diminished and there was a lack of profile for the role and effectiveness of ethics/standards committees. The endorsement of some form of statutory role for Members would add weight to the Committee’s role.
In principle there was support for giving committees a higher profile. However in councils where there was much regeneration, there was also the need to take account of the risk around planning committees and the types of engagement that took place between developers and councillors.
Structures, processes and functions –
The Committee asked that the response also cover concern about how to deal with incidents where Members may have breached the Code but which did not result in a complaint triggering the process for investigating the matter. Members felt that a breach of the code whether or not referred to a hearing should be noted/referenced.
Codes of conduct –
The Committee noted that code of conduct had recently been reviewed and felt that on the whole it was now as strong as it could be in the context of the advisory status of the Committee. However, the endorsement of powers with statute would provide the strongest framework.
Noting the 6-month rule under LGA 1972, Members none the less felt that an element around member attendance should be included.
Allegations, investigations and decisions
The Committee noted the Monitoring Officer’s (MO) advice that where a complaint against a councillor is withdrawn, the MO none the less has powers to pursue the matter, should the complaint be serious.
The Committee felt that:
· Complaints must go through a constituted forum.
· The decision making pool needs to be big enough to achieve a balanced decision.
· That the investigatory and decision making roles of the MO should be separated.
Sanctions, their scope and application –
The Committee felt that sanctions were weak and were not consistently applied. In the Committee’s view also the approach taken relies on a reward/punishment arrangement without taking account of whether unintended consequences might arise from the imposition of sanctions. In the Committee’s view the approach should be based on outcomes so that sanctions were proportionate and consistent.
The approach to declarations of disclosable pecuniary interests –
The Committee felt this was an area where more clarity was needed in regard to applying the requirement to disclose and when to disclose.
Whistleblowing –
This was not discussed.
Improving standards –
The Committee noted the recent review of the Code of Conduct.
Intimidation of local councillors –
See earlier comment on engagement between developers and councillors.
Other comments of the Committee -
The Committee noted that the consultation period was active mainly during the local election period and suggested that it should be extended to offer councils better opportunity to engage.
RESOLVED
1. That the Committee’s responses and comments on the CSPL consultation as outlined in the above summary be noted.
2. That the feedback given be collated into a formal response on behalf of the Committee.
Supporting documents:
- Review of Local Government Ethical Standards, item 3.3 PDF 83 KB
- Enc. 1 for Review of Local Government Ethical Standards, item 3.3 PDF 87 KB