Issue - meetings

To receive a report on upcoming changes to the standards regime in light of the Localism Act 2011 and to consider proposals for implementation of the new regime.

(Report attached)

The Committee received a report setting out the changes to the system of regulation of the standards of conduct for Members brought about by the Localism Act 2011. Members received a brief overview of the major differences that would result from the Act. It was stated that Officers had been engaged in drafting a new Code of Conduct and a process for managing standards complaints in collaboration with colleagues from other District Councils within Worcestershire and the County Council. A clear benefit of this approach, with the adoption of a common set of principles and guidelines, would be the clarity provided to dual-hatted Members in particular. The Committee then considered a series of recommendations in respect of the draft proposals.

Members were in agreement that the authority should continue to operate a Standards Committee in order to promote and maintain high standards of conduct among elected Members. This was felt to be particularly important in the present climate wherein elected officials were expected to maintain, and be seen to maintain, exemplary standards of behaviour. The removal of the role of Independent Member on the Standards Committee was considered to be a retrograde step, as an independent component in the membership was seen as the most certain means of demonstrating an independence of view. As a means of emphasising the importance of the Standards regime the Committee advised that Members elected to the new Standards Committee should undertake the appropriate training and that this training be made mandatory. Following discussion of the matter, it was conceded that the inclusion of non-voting co-opted Independent members would not be advisable. Aside from the lack of any voting rights or a statutory basis for their inclusion, they could also lead to confusion in respect of the newly created role of Independent Person. Members were in agreement that normal proportionality rules should apply.

The Committee was very much in favour of a single Code of Conduct for the County of Worcestershire. Officers advised that the regulations providing the definition of what the different categories of interest covered had not been forthcoming as yet and this detail would be added to the draft Code when available. In response to a question, Officers clarified that the Principles of Public Life (the Nolan Principles) would be set out near the start of the general provisions of the draft Code of Conduct.

Officers explained that the District Council, as the principal Council, would retain responsibility for upholding the standards of behaviour within the parishes within its area. For this reason it was proposed that there was some merit in co-opting non-voting Parish representatives onto a new Standards Committee. The clerks of local Parish Councils were to be actively involved in the new Standards process for these reasons.

The draft process for dealing with complaints against Councillors was detailed for the Committee. The process was similar in a number of respects to that which it was replacing, albeit with several significant differences. Paramount amongst these was the continual recourse throughout  ...  view the full minutes text for item 5