Decision details

            The Committee received a report from the Director of Law and Democratic Services (Monitoring Officers) providing an update on matters relating to the Ethical Framework, in particular the provisions of the Localism Bill its implications for the Standards Regime.

            The Standards Committee noted that the Localism Bill was anticipated to have Royal Assent by the end of the year, but many elements were still to be clarified through the readings of the Bill and further guidance.  The Committee noted the substantial changes which would result from the proposals, and hoped that the new potential for criminal offence following failure to disclose financial interests would not lead to long delays for Councillors with a case against them, or deter potential candidate from standing or existing Councillors from become involved in discussions.  The parish members noted the new roles for parish councils in determining any Code of Conduct and complaints system. 

            The Monitoring Officer was intending to report to the Corporate Governance Group on the Localism Bill, and the Committee made the following points in relation to the current proposals to be reported to the Group:

·        The Committee would wish to provide any support which was helpful to the Corporate Governance Working Group when they are considering how to proceed on any future ethical framework.

·        That a Code of Conduct for Members should be maintained by the Borough Council, and that any procedure for dealing with complaints be streamlined, to enable complaints under the Code to be dealt with effectively, but without undue delay. 

·        It be recommended that an element of independent representation, if possible voting representation, be retained on any Committee nominated to oversee the Council’s ethical framework, as this was seen as particularly beneficial when dealing with complaints about and between Councillors.  The Councillors on the Standards Committee agreed to recommend this to their Political Groups.

            The Committee noted that Mr Trevor Davies’ term of office as an independent Member on the Committee was due to expire in May 2011.  Guidance had been received from Standards for England in Bulletin 48 that the terms of office of independent members could be extended without further public advertisement, due to the uncertain period for the future of the Committee whilst waiting for the Localism Bill to come into effect.  As Mr Davies was willing to continue, the Committee agreed that this would retain valuable experience in the Committee during the period of transition.  It would also save the cost of an advertisement, especially as potential candidates may be deterred by the uncertainty of the role and its duration.

            The Committee also noted the training for Borough and Parish Councillors carried out since the last meeting.  It asked that an update be presented to the next meeting on Parish Council training undertaken in the last 12 months.

            Resolved – 1) That the Ethical Framework update be noted.

            2) That the provisions of the Localism Bill relating to the Ethical Framework of Local Government be noted.

            3) That the Monitoring Officer be requested to consult the Corporate Governance Working Group on the options currently understood to be available to Swindon Borough Council in setting its own standards regime, including the comments set out above, and report back to the Committee as soon as practicable thereafter.

            4) That in accordance with the advice issued by Standards for England in Bulletin 48 relating to the extension of terms of office of independent member in the current uncertain situation pending the passing of the Localism Bill, it be recommended to Council that Mr Trevor Davies’ term of office as an independent member of the Standards Committee be extended for a period of 12 months from May 2011.

            5) That the Monitoring Officer provide to the next Standards Committee an update on ethical training undertaken by Parish Clerks and Councillors during the last 12 months.