Transcript The Revised Code of Conduct 2007

The ‘New’ Standards Regime
A Huntingdonshire Perspective
Presentation to SLCC 1 March 2013
by Colin Meadowcroft
Monitoring Officer Huntingdonshire District Council
Topics
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Quick overview of “new” Standards Regime
Huntingdonshire Code of Conduct
Register of Interests
Sensitive Interests
DPIs & Other Interests
Dispensations
Investigations & Sanctions
Is New Regime Working?
Localism Act 2011
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Commencement date for new standards
regime - 1 July 2012
After commencement, previous
standards regime completely replaced
Standards for England abolished
No “Personal Interests” or “Prejudicial
Interests”
Code of Conduct (1)
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Duty on all Councils to ‘promote and
maintain high standards of conduct by
members
Must adopt a Code of Conduct (but Model
form not prescribed)
HDC adopted new Code 4 July Council
Parish Councils can adopt their own or
‘adopt’ one based on District Council’s
69 Parishes have adopted (55 HDC; 12 NALC)
Code of Conduct (2)
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Code must conform with 7 Nolan
principles:Selflessness
Integrity
Objectivity
Accountability
Openness
Honesty
Leadership
HDC Code Requirements
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General Coduct Required:
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Leadership by personal example
Must respect others and not bully (NALC)
Must not bring Council into disrepute (NALC – Respectful)
Must not disclose confidential information (NALC)
Must not obstruct access to publicly available information (NALC)
Must not use position for personal advantage (NALC)
Must comply with Council requirements on use of resources (NALC)
Must exercise independent judgement and provide proper reasons
for decisions
Must have regard to advice from Statutory officers and take
account of all relevant considerations
Must not do anything to cause Council to act unlawfully
When Does Code Apply?
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Whenever acting, claiming to act or giving impression
you are acting as a Councillor
E.g. Formal meetings (including at site visits and
briefings by officers)
When acting as a representative of Council
When discharging duties as a Councillor
When corresponding with the Council as Councillor
NOT when you are acting in a private capacity
Registers of Interests
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Monitoring Officer must maintain a Register of
Interests for own Members
Register must contain ‘Disclosable Pecuniary
Interests’ (‘DPI’s)
Each Council may specify any interests other than
DPI’s to be disclosed (not prescribed)
Copy of Register available for public inspection and
published on HDC website
All Parish Council registers published on HDC website
& on Parish Website (if exists)
Signatures redacted
Sensitive Interests
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If Councillor has a registrable interest; and
The Nature of that interest is such that the MO
considers disclosure could lead to violence or
intimidation
Then details excluded from published Register (may
state details witheld)
Decision of MO – Justification required
If DPI considered at meeting - Councillor must
disclose fact that has DPI – but not detail
Disclosable Pecuniary
Interests (1)
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Defined by Regulations
Similar to previous registrable e.g.
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Employment;
property ownership and licences;
contracts or tenancies with Council;
sponsorship;
shares (£25k nominal value) in body with
business/land in Council’s area
Disclosable Pecuniary
Interests (2)
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DPI does not include membership of
bodies exercising functions of
public/charitable/influencing public
opinion*
Main difference – requirement to
disclose spouse’s/partner’s interests
Not required to name spouse/partner
Not required to show separately
DPI Requirements
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Member must disclose existing DPI’s on Register within 28 days
of election
If not already registered Member must disclose DPI at any
meeting where item affecting DPI being considered and notify
MO within 28 days
Member must not participate or vote where has DPI – unless
obtained Dispensation
If without reasonable excuse a Member fails to comply with
above
Guilty of offence – liable to maximum fine of £5k and
disqualification for up to 5 years
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Prosecutions only instituted by DPP
Other Interests & Gifts
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Only DPI’s are defined in the legislation
General power for Councils to require ‘other’ interests to be
declared
DPI’s extend to interests of spouse/partner, but not other close
relatives
HDC Code requires declaration at meeting where decision –
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affects the well-being or financial standing of you or
a member of your family or
a person with whom you have a close association
to a greater extent than it would affect the majority of the
Council Tax payers
Code requires gifts & hospitality over £50 (received as a
member) to be notified to MO within 28 days and put on
Register
Implications of Having
Other Interests – HDC Code
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These other interests are not on HDC
Register
Must be declared at the meeting
Do not prevent discussion or voting
Failure to comply is breach of Code- not
criminal offence
Other Interests – NALC Code
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NALC Code Requirements on Interests more
extensive and restrictive
Must register interests relating to or likely to affect:
• Any body to which Councillor appointed by the
Council; or
• Any body exercising functions of a public nature;
for charitable purposes; or seeks to influence
public opinion (including trade union or political
party)
Implications of Having ‘Other’
Interests under NALC Code
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Member cannot vote
Member may speak only if public allowed
Member need only declare ‘other’ interest if not
already on Register or notified to M.O. or if speaks on
matter
Member must disclose interest in matter relating to
financial interest of a friend, relative or close
associate (other than DPI); and
Member cannot vote or speak (unless public allowed)
Dispensations
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If Member has DPI cannot speak or vote on matter unless
obtains dispensation
Dispensations granted on specific grounds only:
so many Members of meeting have DPI’s that it impedes
the transaction of the business (i.e. inquorate); or
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without dispensation the representation of different political
groups would be so upset as to alter the likely outcome of
vote;
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the dispensation is in the interests of persons living in the
authority’s area;
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otherwise appropriate to grant a dispensation.
Dispensations allow a Member with DPI to speak and/or vote
Procedure for Dispensations
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Each relevant authority now deals with own dispensations
HDC-Decision on meeting inquorate & no member of cabinet delegated to MO (objective)
Others require decision of Standards Committee (or Sub)
Adopting Criteria Helpful. Might include e.g.
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The nature of the interest- is it trivial or remote? (dispensation
more likely)
Does Member have particular knowledge or expertise?
(dispensation more likely)
Does significant proportion of public have the same interest?
(if so, dispensation more likely)
Would member’s involvement damage public confidence?
(if so, dispensation more likely)
Setting Council Tax
Is a Dispensation Required?
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Previous Code contained statutory exception
for specified Prejudicial Interests e.g. setting
Council Tax
No similar exemption for DPI’s under new
regime
Many Councils (including HDC) have granted
‘General Dispensations’ to all Councillors
Rationale: Member’s Home/Property on
Register as DPI – Setting Precept affects that
DPI
DispensationsThe Government View
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Government view- Dispensation unnecessary
Brandon Lewis MP – Letter 5 February 2013 –
“Removing Unnecessary Red tape”
Whilst DCLG ‘does not issue legal advice’- ‘such
dispensations are unnecessary’
Being Council Tax payer is pecuniary interestBut not a DPI
Council Tax liability applies to population generally‘Councillors have no unique position’
May not have been government intention – but not
Declaring DPI potentially criminal offence
Investigations & Sanctions
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District Council required to put in place procedures to
investigate standards complaints
Arrangements must include consultation with an ‘independent
person'
District Council still responsible for allegations against parish
Councillors
No specific powers to require Members to comply with any
investigation
No specific powers to require compliance from parish councils
and parish councillors
No longer power to suspend
Main sanction available censure/publicity
Is New Regime Working?
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Government keen to avoid bureaucratic gold plating
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Criminal sanctions for serious failures to declare DPI’s
Remainder - remedy at ballot box
Committee on Standards in Public Life (CSPL) Report
January 2013
CSPL welcomed “intention behind Localism Act” to
encourage a greater sense of local responsibility for
standards
CSPL Expressed 2 particular concerns:
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Only real sanctions – Censure & Criminal Prosecution – Not sufficient
Previously allegations considered by standards committees, independently
chaired and with independent members. Now requirement to “consult” with
Independent Person
Not sufficient assurance that justice is being seen to be done