Agenda item

This report seeks the Committee’s endorsement to a draft revised Code of Conduct for Members (“the draft Code”) which is set out at Annexe A of the attached report. 

The Borough Solicitor presented a report which sought the Committee’s endorsement of a draft revised Code of Conduct for Members  The draft Code was the outcome of the deliberations of a Member Working Group which had been constituted to formulate a new revised Code of Conduct for Members.  The draft Code had been considered by the Standards Committee which had proposed a number of minor amendments.

The Borough Solicitor highlighted three issues arising from the deliberations of the Member Working Group and the Standards Committee:

a) Membership of External Organisations

The Working Group felt that involvement in community groups or public bodies should not preclude a Member from involvement in the decision making process on a matter which affected such a group or body although, if the Member was not appointed by the Council, the Member should, in the interests of transparency, declare the interest.  If the Member had been appointed by the Council there should be no requirement to declare any interest as the appointment would already be a matter of public record.  Paragraph 10 of the draft Code encapsulated the views of the Working Group relating to such interests. 

b) “Affected Interests”

The draft Code faithfully reflected the Act in so far as it relates to Disclosable Pecuniary Interests (paragraph 7 of the draft Code).  However, under the Act, only the interest of the Member or his/her spouse or partner falls within the definition of Disclosable Pecuniary Interest.  Accordingly, the interest of a child or close friend of the Member does not fall within the definition and therefore a Member would not be infringing the statutory requirements if, for example, he/she participated in a decision whether or not to approve an application for a planning permission or a grant submitted by such a person.  Quite obviously, such a scenario would be repugnant to public confidence in the workings of the Council.  In order to address that statutory lacuna the draft Code formulates the concept of an “Affected Interest”.  The consequences under the Code of having an Affected Interest would be identical to those for having a Disclosable Pecuniary Interest and therefore it would not be necessary for Members to make a judgement as to which category an interest fell within.

The Borough Solicitor advised the Committee that an amendment to Standing Orders would be required to the effect that Members declaring an “Affected Interest” must withdraw from a meeting during consideration of the matter.

c) Value of Gifts and Hospitality

The main variation to the draft Code formulated by the Member Working Group which had been proposed by the Standards Committee was that relating to the value of gifts or hospitality received by Members. The previous prescribed Code specified a threshold of £25 (below which gifts/hospitality need not be registered).  The Working Group considered that the threshold should be increased to £75.  The suggestion gave rise to a significant level of debate at the Standards Committee, many Members of which felt that £75 would be too high a threshold.  Although not ruling out an increase the Standards Committee recommended that the threshold should remain at £25 until such time as it was able to give more detailed consideration on receiving a report specifically addressing the issue.

RECOMMENDATIONS to Council

1        That the draft Code of Conduct for Members, incorporating the amendments proposed by the Standards Committee, be adopted.

2        That Standing Orders be amended to the effect that Members declaring an “Affected Interest” must withdraw from a meeting during consideration of the matter