To consider progress made with the implementation of a new regime of member conduct in preparation for changes brought about by the Localism Act 2011, and to receive the notes of the Standards Working Group held on 06 March 2012. 

The Committee considered the notes of the Standards Working Group meeting held on 6 March 2012, and discussed progress made by Central Government in relation to a new regime of member conduct which would take affect from 1 July 2012, following the abolition of the statutory Code of Conduct and penalties through the Localism Act 2011.  The following principal points were made during the discussion:

·         The Localism Act, although effectively now in force, still required statutory regulations in order to implement any changes to the current Standards Regime.  In view of this, the Standards Committee would retain its powers until 1 July 2012.  Certain parts of the Act had been carried out – for example, the abolition of Standards for England had happened on 31 March 2012. 

·         After 1 July 2012, it was likely that local authorities would be expected to adopt their own codes of member conduct, and procedures for handling complaints and dealing with applications for dispensations.  There was still no further information on any sanctions which might be available under a code of member conduct, and no further detail available on pecuniary and non-pecuniary interests.  It was likely that local authorities would be able to stipulate what interests members were required to declare, aside from a code set of pecuniary interests prescribed by Central Government

·         All local authorities would be required to appoint Independent Persons to assist the Monitoring Officer with handling complaints about councillors under the new regime.  Due to the wording of the Localism Act, it was possible that existing Independent Members would be disqualified from applying for the post of Independent Person, although it was anticipated that there would be transitory provisions to keep the existing Independent Members in place pro tem. 

·         There was still no consensus between the Local Government Association, the Department for Communities and Local Government and the Association of Council Secretaries and Solicitors in respect of the format of a new code of conduct.  In addition, it was likely that the National Association of Local Councils might also produce a suggested code.  This meant that local authorities nationally were still awaiting further guidance and were unable to finalise a code for adoption by their members. 

·         The Assistant Director – Law Governance and Resilience would seek advice and consider whether the Council was yet in a position to recruit Independent Persons, and would begin the process of recruiting one out of the three proposed by the Standards Working Group, once confirmation was received. 

RESOLVED (unanimously):    that

(i)            the report be noted;

(ii)          the Standards Working Group will convene a meeting as soon as the necessary commencement regulations in respect of the Localism Act 2011 were available, in order to take appropriate measures to produce a code of conduct and a procedure to be adopted by Council; and

(iii)         the Assistant Director – Law Governance and Resilience, be requested to take whatever steps are necessary and appropriate to recruit an Independent Person to the new Standards Panel.

(iv)         the Assistant Director – Law, Governance and Resilience be requested to inform parish and town councils of any new regulations and commencement orders as soon as they are received.