Agenda item

For Council to consider changes to the Member Code of Conduct as recommended by Conduct Committee.

Members considered the Amendments to the Member Code of Conduct Report presented by Councillor Topgood.

Members made comments, asked questions and received responses as follows:

1.    Councillor Hoy said she believed the process is abused because people have the right to confidentiality. When she chaired the Conduct Committee some members will be unaware that several investigations were undertaken into complaints against councillors because that confidentiality was respected. However, some members have aired their complaints with the press before the conclusion of any process and this is unfair. The most powerful action that the Committee can undertake is to release a statement to the press about a breach, but this is almost pointless if that name is already public. Although it is a legal requirement, Councillor Hoy personally does not believe we should have a code of conduct and any decision should rest with the local electorate. 

2.    Councillor Tanfield said that nobody should be bullied but her issue with the code of conduct is that it is watered down too much. Councillor Hoy is correct that the most that the Conduct Committee can do is issue a statement about a councillor, but her concern is who we are trying to protect, and it is important that people do feel protected. She thinks we do not do enough in local government to ensure we are protecting people and that is why she thinks we should choose the LGA version of the Code of Conduct to make the system more robust and ensure that a complaint is substantial and not made on a whim or because of a political difference.  It is her opinion that this revised code does not do enough to protect people.

3.    Councillor Tierney said he thinks the LGA document is poor; the LGA itself has no authority over local councils and he agreed with the Leader's earlier comment that it is for local authorities to decide their own code of conduct. He feels the document is not watered down but clarifies the code of conduct so the system cannot be abused.  Furthermore, people who have a genuine problem will now know what they can do to get the help they need.

4.    Councillor Booth agreed largely with Councillor Tanfield; he also wants to know why we are introducing these changes as the whole code of conduct regime is being reviewed by the LGA so there will be further changes down the line.  Councillors do have private lives and should be able to live their lives in that manner, but this is tinkering at the edges so why do we not incorporate these changes at a later time.

5.    Councillor Mrs French said it was requested 15 months ago that the Code of Conduct be looked at and is something we certainly need.

6.    Councillor Maul said he agrees with Councillor Booth and a comment repeatedly made is 'let's see how it goes' - if that is the case then more research and consideration need to be given before the report comes before Council. There is guidance out there and, in his opinion, the current Code of Conduct is too weak.

Proposed by Councillor Topgood, seconded by Councillor Hoy and decided that Council AGREE to the changes to the Member Code of Conduct as set out in Appendix A of the report and delegates to the Monitoring Officer to update the master copy of the Constitution.