Agenda item

The Standards provisions in relation to the Localism Act 2011 are due to be brought in to force with effect from 01 July 2012, at which time the nationally prescribed Model Code of Conduct for Members will be abolished. 

Cheshire East Council and all Town and Parish Councils within the Borough must adopt a new Code of Conduct which sets out the conduct expected of Members when acting in their capacity as an elected Member.  The report of the Borough Solicitor contains a draft Code (Appendix 4) which, it is hoped will be adopted across the Cheshire Authorities to include Town and Parish Councils and the Fire Authority.  

Members are asked to approve and recommend the Code of Conduct to Council for adoption.  

At the previous meeting of the Issues and Ideas Working Group held on 14 May 2012, Members considered two draft Codes of Conduct produced by the Department of Communities and Local Government (DCLG) and the Local Government Association (LGA). In addition, on 17 May 2012 the National Association of Local Councils (NALC) had issued a template code for Parish Councils, a copy of which was provided for Members’ information.   

To ensure consistency across Cheshire, and in line with preferences expressed by Members at the last meeting, a draft Code of Conduct based on the DCLG illustrative text had been developed and adapted to include behaviours Members were expected to uphold (that were part of the Model Code) but which had not been explicitly defined in the illustrative text e.g. maintaining confidentiality and respect for others.  Equally, the requirement not to bring a Member’s office into disrepute had not been included as it was considered that this had, in the past, been used as a way of reflecting a complainant’s wider dissatisfaction with an issue rather than address alleged breaches of the Code of Conduct.   

The Borough Solicitor drew Members attention to a number of changes from the Model Code not present in the draft, most noticeably in respect of declaration of interests.  It was reported that the Regulations in respect of disclosable pecuniary interests had now been published, which would replace the need to declare personal and prejudicial interests.  Although the Regulations prescribed these interests, it did not stipulate that Councillors should withdraw from the meeting room whilst the matter was debated/voted upon and it was suggested that the Committee may wish to recommend to Constitution Committee/Council that this requirement be included in the Council’s Procedure Rules. 

Opposing views were expressed about whether Members should withdraw from the meeting when the item was first called or when the vote was taken.  Having considered the arguments put forward, it was recommended that a requirement to withdraw from the meeting should be at the point an item was called.

The debate then turned to issues relating to confidentiality, bullying and respect.  It was suggested that, due to the need to maintain confidentiality, it was not always possible for Members to be open at all time and a minor change to the wording of paragraph 5(a) Confidentiality, changing ‘as’ to ‘where’ possible would be appropriate.  A request was also made for explanatory notes to be included in the Code which defined these three behaviours; the Monitoring Officer suggesting that the definitions drawn up by Standards for England in respect of confidentiality and bullying (with the addition of the phrase ‘cyber bullying’ to cover abuse of electronic communications) could be added for clarity.  A further alteration, changing the word ‘respect’ to ‘courtesy’ would, Members felt, be self explanatory and negate the need for further addendums to the Code.  

RESOLVED:

That -   

a)     Subject to a minor alteration to the wording of paragraph 5(a), changing ‘as’ to ‘where’, the substitution of ‘courtesy’ for ‘respect’ in paragraph 7(a) and the inclusion of explanatory notes in respect of confidentiality and bullying; the draft Code of Conduct set out in appendix 4 of the report be recommended for approval and adoption by full Council on 19 July 2012; and

b)     Constitution Committee be invited to recommend to Council on 19 July 2012, an amendment to the Council’s Constitution which would require a Member to withdraw from a meeting having declared a pecuniary interest.