Agenda item
LGA consultation - Model Code of Conduct
Purpose of report:
This report informs the Committee of the consultation by the Local Government Association on its draft Model Member Code of Conduct.
Recommendations:
That the Standards Committee resolves to:
1. Note the report;
2. Approve the draft consultation response at Appendix 3; and
3. Authorise the Head of Law and Governance to submit a consultation response to the LGA on the Council’s behalf.
Minutes:
The Monitoring Officer and the Lawyer introduced the report and summarised the key elements of the LGA draft Model Code of Conduct:
· it aims to be concise, written in plain English and be understandable to members, officers and the public.
· it has been designed to aid members in all tiers of local government model the behaviours and high standards that anyone would expect from a person holding public office.
· it articulates behaviour which falls below the standards that would be expected of council members
· it is designed to help set a framework for public and councillor interaction, emphasising the importance of civility and that councillors should be protected from bullying, intimidation and abuse.
The Committee discussion centred on the draft responses to the consultation, particularly questions 7,8, 9, 11 and 13 of Appendix 3 of the report. The revised draft response set out below reflects the Committee’s views:
Q1: To what extent do you support the proposal that councillors demonstrate the behaviours set out in the Code when they are publicly acting as, identifying as, and/or giving the impression that they are acting as a councillor, including when representing their council on official business and when using social media? |
“To a great extent” since it helps to clarify official capacity |
Q2: Is it sufficiently clear which parts of the Model Code are legal requirements, which are obligations, and which are guidance? |
“No”, it is not clear |
Q3:” Do you prefer the use of the personal tense, as used in the Code, or would you prefer the passive tense? |
“Passive tense |
Q4: To what extent to you support the 12 specific obligations? |
Support each of the 12 obligations “To a great extent” |
Q5: If you would like to propose additional or alternative obligations, or would like to provide more comment on a specific obligation, please do so here: |
“None” |
Q6: Would you prefer to see the obligations as a long list followed by the guidance, or as it is set out in the current draft, with the guidance after each obligation? |
“As a list”, for ease of editing / copying if nothing else – and without a list as an appendix you could be mistaken for thinking the 7 principles of public life are the basis of the code |
Q7: To what extent to you think the concept of ‘acting with civility’ is sufficiently clear? |
“To a moderate extent” |
Q7a: If you would like to suggest an alternative phrase that captures the same meaning, or would like to provide a comment on this concept, please do so here: |
“The concept and language of acting with civility seems relevant to the current political environment although perceptions will vary and it will not be easy to assess whetherthis obligation has been breached. The alternative concept of “respect” is suggested (although the same difficulties with recognising breaches apply).” |
Q8: To what extent do you think the concept of ‘bringing the council into disrepute’ is sufficiently clear? |
“To a moderate extent” |
Q8a: If you would like to suggest an alternative phrase that captures the same meaning, or would like to provide a comment on this concept, please do so here: |
“As with “civility” there may be contested views about what “disrepute” means e.g. a Member being associated with civil disobedience in the name of a particular cause that the Council would ordinarily support… the Code covers dishonest and deceitful behaviour which is helpful but is that broad enough – and what about Members acting illegally?” |
Q9: To what extent do you support the definition of bullying and harassment used in the code in a local government context? |
“To a great extent” |
Q10: Is there sufficient reference to the use of social media? |
“No” |
Q10a: Should social media be covered in a separate code or integrated into the overall code of conduct? |
“Separate code” |
Q10b: If you would like to make any comments or suggestions in relation to how the use of social media is covered in the code please do so here: |
“The Council has its own social media protocol which is quite detailed so the preference would be to keep the two codes separate.” |
Q11: To what extent to you support the code going beyond the current requirement to declare interests of the councillor and their partner? |
“To a great extent” |
Q11a: If you would like to elaborate on your answer please do so here: |
“There needs to be clear guidance around the definition of “family” as this would otherwise be difficult to interpret and may lead to difficulty/confusion especially in the context of large extended families” |
Q12: Should the requirement to declare interests be in the main body of the code or in the appendix where the draft model code currently references it? |
“In the appendix” |
Q13: To what extent do you support the inclusion of these additional categories for registration? |
“To a moderate extent” |
Q13a: If you would like to propose additional or alternative categories for registration, please provide them here: |
“There needs to be clarification around different/additional levels of involvement in a particular body e.g. as an observer” |
Q14: To what extent to you support the proposed requirement that councillors do not accept significant gifts as set out in Obligation 11? |
“To a great extent” |
Q15: The draft code proposes £25 as the threshold for registering gifts and hospitality. Is this an appropriate threshold? |
“Yes” |
Q16: The LGA will be producing accompanying guidance to the code. Which of the following types of guidance would you find most useful? Please rank 1-5, with 1 being the most useful. |
“1 for all categories” - All categories of guidance would be useful and helpful |
Q17: If you would like to make any further comments about the code please so here |
“None” |
The Standards Committee resolved to:
1. Note the report;
2. Approve the draft consultation response at Appendix 3 as amended above; and
3. Authorise the Head of Law and Governance to submit a consultation response to the LGA on the Council’s behalf.
Supporting documents:
- LGA Model Code of Conduct v4, item 5. PDF 251 KB View as DOCX (5./1) 171 KB
- Appendix 1 - LGA Model Member Code of Conduct, item 5. PDF 214 KB
- Appendix 2- LGA Model Member Code of Conduct consultation questions, item 5. PDF 265 KB
- Appendix 3 - draft responses to LGA Model Code of Conduct, item 5. PDF 265 KB View as DOCX (5./4) 28 KB