To consider the attached Model Code of conduct for Local Authorities, and supporting documentation, and to make recommendations to Council. 

Wards: County Wide

The Head of Legal and Democratic Services presented his report in respect of the new Model Code of Conduct, applicable to all members and co-opted members of local authorities, and which local authorities were required to adopt by October 2007.  The new Model Code had been designed to give greater clarity, direction, and ease of use.  It combined all four previous Codes, relating to different types of Authority, into one consolidated, universal Code. 

Members considered the new Code, also referring to the Standards Board for England’s guide for members, and the Code of Recommended Practice on Local Authority Publicity, and a draft Code for Parish and Town Councils. 

In particular, the Head of Legal and Democratic Services’ Report sought the Committee’s views on the following:

• The adoption of the Code of Conduct by Parish and Town Councils;

• Proposed additions to the mandatory Code;

• Recommendations to Council on 27 July 2007, to adopt the new Code. 

During the discussion on the Code, the following principal points were made:

• Training for members, supported by the Standards Committee, would take place in September 2007, and additional sessions would be run for the Herefordshire Association of Local Councils (HALC).  The Head of Legal and Democratic Services would notify members of available dates shortly;

• Mr. Richard Gething referred to Paragraph 12 (2) of the Code, which was an optional provision for Parish and Town Councils.  He reported that HALC’s recommendation to its members was to adopt the paragraph because it would provide clearer guidance on conduct. 

• The Committee agreed that Table 1 on page 7 of “The Code of Conduct Guide for Members – May 2007” be adopted as a preamble to the Code.  The table listed the ten general principles of public life, and although they did not form a statutory obligation in themselves, they defined the general standards that members should uphold, and would help to inform conduct.  Members also felt that there was merit in including them in the Parish and Town Councils’ Code. 

• Members agreed that the Code of Recommended Practice on Local Authority Publicity be appended to the Code as a useful reference. 

• Members felt that the Standards Board’s guidance on the definition of “bullying” was inadequate.  Part of the difficulty was that the term covered a wide spectrum, and was also dependent upon people’s perception of whether they were being bullied.  They noted that more guidance on this was likely to emerge once the new Code was in place. 

• The Standards Board would issue further guidance on the new confidentiality provisions, particularly in relation to the nature of the ‘Public Interest’ test that should be satisfied before disclosure.  The emphasis would be on the need to raise concern through the proper channels before members released confidential information, and to avoid incidences of deliberate leaks.  The Committee felt strongly that this aspect should be included in members’ training on the new Code, with examples to illustrate how it would work in practice. 

• The Head of Legal and Democratic Services commented that the new Code sought to improve the description of “common-law bias”.  The Committee acknowledged the particular importance of this in high-profile areas such as Planning.  Members’ training would cover this issue, and would also seek to clarify the difference between those interests which should be declared, and those which are merely political interests and therefore indicative of members using their democratic opportunities. 

• The Committee acknowledged that the new Code of Conduct would have an impact on other codes and protocols which were its responsibility.  It agreed to review these at its next meeting to ensure that they were up-to-date and compatible with the new Code of Conduct.  The Head of Legal and Democratic Services said that any necessary changes would be put to the Constitutional Review Working Group and then to Council in November 2007. 

• The Chairman said that there was merit in compiling a summary document of the Constitution to be used as a quick reference. 

RESOLVED:   (unanimously)

That(i) Council be recommended to adopt the Model Code of Conduct as set out in the Local Authorities (Model Code of Conduct) Order 2007 (“the Code”) (Appendix 2) together with a preamble incorporating the ten principles governing the conduct of Members, in place of its existing Code;

                        (ii) Council be recommended to include the following optional provisions of the revised Code of Conduct:

(a)   inclusion of paragraph 6 (c) relating to the Code of Publicity;

(b)   inclusion of paragraph 10 (2) (c) (i) (ii) and 11 relating to executive arrangements and scrutiny;

(c)   Inclusion of paragraph 12 (2) enabling Members who have a prejudicial interest to make representations to meetings as a member of the public;

(iii)       All Members and Co-opted Members of Herefordshire Council be encouraged to attend appropriate training sessions on the new Code which are likely to take place shortly in 2007;

(iv)       At its meeting to be held on 19 October 2007, the Standards Committee reviews all codes and protocols within its remit to ensure that they are up-to-date and compliant with the new Code of Conduct.