Report to Cabinet re Revised Code of Conduct for Members

REPORT TO CABINET 26 SEPTEMBER 2007

JOINT REPORT OF THE CHIEF EXECUTIVE AND ASSISTANT CHIEF EXECUTIVE LEGAL AND GOVERNANCE

Revised Code of Conduct for Members

1. Background
Adopting the Revised Code of Conduct

The Government has published a revised Code of Conduct for Members and the Standards Board for England has issued Guidance for Members. The revised Code of Conduct came into force on 3rd May 2007. Every local authority must adopt the revised Code of Conduct (with or without local additions) by resolution of Council within 6 months of the date on which it was made, (which was 2nd April 2007), i.e. on or before 1st October 2007. Where an authority fails to adopt the revised Code of Conduct by that date, the mandatory provisions of the revised Code of Conduct apply automatically, until the authority adopts the revised Code of Conduct.

Once an authority has adopted the revised Code of Conduct, it must -

(a) Ensure that copies of the revised Code of Conduct are available for inspection at the authority’s offices;

(b) Publish notice of the adoption of the revised Code of Conduct in a local newspaper; and

(c) Send a copy of the Code of Conduct as adopted to the Standards Board for England - (Section 51(5) Local Government Act 2000).

2. Summary of Changes

Although the revised Code of Conduct follows the broad structure of the previous Code of Conduct, it makes substantial changes.

(a) In terms of when the Code of Conduct applies to Members, the revised Code of Conduct follows the judgment of the High Court in the Livingstone case, to apply only to conduct in the performance of a Member’s functions as a Member, and not to apply to events in a Member’s private life. The exception to this relates to criminal conduct, which the revised Code of Conduct covers even if it occurs in a Member’s private life. The Local Government and Public Involvement in Health Bill proposes to re-apply the Code of Conduct to events in a Member’s private life.

(b) The general conduct rules are extended to include new prohibitions in relation to bullying and intimidation in respect of standards proceedings. The obligation in relation to reporting breaches of the Code of Conduct by other Members is deleted, and a new public interest defence is introduced for breach of confidentiality.

(c) The provisions on interests are re-ordered and new relaxations are introduced to enable a Member with a prejudicial interest to make representations to a meeting in the same manner as members of the public, and to participate fully where the interest is shared with the majority of residents of their ward or electoral division.

However, behind these key issues, there are other changes, as set out in the summary in Appendix B.

Each authority must adopt all of the mandatory provisions and may also add to the model text provided that any such additions are compatible with the mandatory provisions. Authorities may also adopt supplemental rules or guidance not as part of the Code of Conduct but as a local protocol for non-statutory local enforcement.

The Guidance issued by the Standards Board for England suggests that the Code of Conduct should be adopted in its model form, without amendment, with the exception of an Introduction. This is to give certainty to Members and the public as to what standards are expected and to ensure consistency with other local authorities thereby avoiding confusion for those Members who serve on more than one authority and for the public. It also minimises the legal risk of the authority adopting additional provisions which are unenforceable. The draft Code of Conduct set out in Appendix A is the Model Code of Conduct (in bold) with an Introduction as recommended in the Guidance and with some additional text. The additional text (not in bold) is that which was added by this Council to the previous model Code of Conduct where it is consistent with the new model Code of Conduct.

3 The Revised Code of Conduct

The full text of the revised Code of Conduct is set out below in Appendix A, together with a summary of its provisions in Appendix B. A copy of the current Code of Conduct can be viewed at www.sheffield.gov.uk/index.asp?pgid=25743.

4 Transition to the revised Code of Conduct

Existing Members will not have to give a new undertaking to observe the revised Code of Conduct as they have, on election, given an undertaking to observe the authority’s Code of Conduct for the time being. New Members will have to give an undertaking when they are elected or co-opted.

There are no transitional provisions which would have carried forward existing Registrations of Members’ Interests. Accordingly, every Member will be required to make a new Registration of Interests within 28 days of the day on which the authority adopts the revised Code of Conduct on a new form. A revised Register of Interests form is attached at Appendix C.

Existing allegations of misconduct, and any further allegations of misconduct prior to adoption of the revised Code of Conduct, will continue to be judged in accordance with the terms of the former Code of Conduct.

5 Recommendations

(a) That the authority adopts the new Code of Conduct for Members with effect from 3rd October 2007.

(b) That all Members be notified of the need to renew their Registration of Interests.

(d) That the Assistant Chief Executive Legal and Governance be requested to ensure that training on the revised Code of Conduct is made available to all Members of the City Council.

(e) That the Assistant Chief Executive Legal and Governance be given delegated powers to make any amendments necessary to other documentation, in particular the Member/Officer Relations Protocol and the Town Planning Matters Protocol, to ensure that they are consistent with the new Code of Conduct and to inform Members, as appropriate, of any amendments that are required.

Sir Robert Kerslake Liz Bashforth

Chief Executive Assistant Chief Executive Legal and Governance

Downloads

Appendix A (Word, 84kb)

Appendix A to Report re Revised Code of Conduct for Members (84 KB)

Appendix B (Word, 25.5kb)

Appendix B to report re Revised Code of Conduct for Members (25.5 KB)