Agenda item

The Committee considered a report from the Director of Law and Democratic Services which provided an update on the following matters relating to the Ethical Framework and issues of probity in the Council.

Dispensations

The Committee noted that no dispensations had been requested by Councillors since the last meeting.

Summary of Code of Conduct Complaints

The Committee noted the summary of Code of Conduct complaints, set out in paragraph 3.5 of the report.

The Council’s Codes and Protocols

The Committee was invited to consider whether the Council’s Various Codes and Protocols remained for fit for purpose. No updates were recommended but, in accordance with the Committee’s previously utilised review process, the Monitoring Officer was asked to consult on each of the Codes and Protocols with relevant officers, the political groups on the Council, and also with the Parish and Town Councils, and report back to the Standards Committee at its meeting on 15^th January 2018.

In considering this item, the following matters were discussed:

·       How the ‘Recording, Photography and use of social media’ protocol and guidance document had last been refreshed in May 2015 following legislative changes, and so is considered technologically up-to-date.

·       That current Council employees receive a twice yearly update on the ethical framework, and are advised through the Core Brief when there has been any changes to the Codes and Protocols that affect them.

·       The internal audit recently undertaken of social media in relation to officers, and how it could be extended to councillors considering the number of Code of Conduct complaints received relating to forums like Facebook.

·       The research undertaken by the Council on live-streaming its meetings (which was ultimately determined to be cost-prohibitive).

Update to the Council’s Ethical Audit Self-Assessment

The Committee was invited to review the annual Ethical Audit Desktop Analysis, attached at Appendix 2 to the report. It was agreed that the Desktop Audit should be endorsed without amendment. 

Councillor Steve Weisinger, in his capacity as Chair of the Audit Committee, advised members that the whistleblowing process is very successful, and that feedback from cases will be of benefit to the Council in numerous ways.

Member Training

The Committee noted the details of the training and development events planned for the 2017-18 Municipal Year attached at Appendix 3 to the report. It was also noted that a log of member attendance, and the feedback received from councillors at these events, will be kept and reported to this Committee at a future meeting.

The Monitoring Officer confirmed that he had conducted two training sessions for Parish Councillors since the last meeting of this committee; namely, Code of Conduct on 18^th September 2017 (9 attended), and Chairing Skills on 27^th September 2017 (2 attended). A further session on decision-making / governance is planned for 8^th November 2017. 

Consultation on updating the disqualification criteria for local authority members

The Committee was advised that, on 18^th September 2017, the Department for Communities and Local Government had published a consultation paper setting out the government’s proposals for updating the criteria disqualifying individuals from being elected, or holding office, as a local authority member or directly elected mayor. The proposal, attached at Appendix 4 to the report, is to update the disqualification criteria to include an individual being added to the sex offenders register, being given an Anti-social Behaviour Injunction, and being given a Criminal Behaviour Order. It was further noted that the consultation closes on 8^th December 2017.

In considering this item, the Committee noted that Civil Injunctions (proposed by the paper as one of the disqualification criteria) are a particular type of injunction which have proven controversial and may require further thought before being used as a criteria because, as they currently stand, they have too broad a definition and are open to being used maliciously.

The Committee agreed that individual member responses would be submitted to the Monitoring Officer by 20^th November 2017 in order that a draft response to the consultation on behalf of the Committee be created and circulated electronically to members for approval prior to final submission by the 8^th December 2017.

Committee on Standards in Public Life

The Committee was advised that the Committee on Standards in Public Life had held a ‘horizon scanning’ breakfast on 10^th July 2017 which brought together a range of interested organisations and individuals to look ahead at possible ethical standards issues on the horizon. The discussions had included the role of the Committee, public perceptions of MPs, social media, local government, referendums, and public service providers.

The Committee noted the contents of the minutes from the ‘horizon scanning’ breakfast, attached at Appendix 5 to the report.

Resolved – (1) That the Ethical Framework Update, including dispensations granted to members of the Borough Council, the Summary of Code of Conduct complaints, the latest position regarding member training and development within the Borough, and the update from the Committee on Standards in Public Life be noted.

          (2) That, in order to facilitate the Standards Committee’s annual review of the Council’s Codes and Protocols, attached at Appendix 1 to the report, the Monitoring Officer be asked to consult on each document with relevant officers, the political groups on the Council, and with Parish and Town Councils, and recommend any valid changes to the Standards Committee at its meeting on 15th January 2018.

          (3) That, further to (2) above, members of the Committee be invited to submit to the Monitoring Officer the details of any particular issues that they would wish to be considered as part of the annual review of the Codes and Protocols.

          (4) That the latest Ethical Audit Desktop Analysis, attached at Appendix 2 to the report, be endorsed.

           (5) That members of the Committee be invited to submit responses to the consultation on the disqualification criteria for local authority members, as set out in Appendix 4, to the Monitoring Officer by 20^th November 2017.

          (6) That, further to (5) above, the Monitoring Officer, in consultation with the Chair of the Committee, be authorised to submit a response to the consultation on behalf of the Committee, the draft of which to be circulated electronically to members for approval prior to final submission by the 8^th December 2017.