Agenda item

Executive Director & Monitoring Officer Mark Trillo initially gave a presentation outlining the work of the committee, covering:-

·         Framework of the committee & scrutiny panel system in place;

·         Localism Act 2011;

·         Composition of the committee;

·         Role of the committee;

·         Ethical Framework;

·         Work Programme.

Members raised specific queries, including (responses in brackets):-

1.    What was the ‘Local Government Ombudsman’s Annual Letter’? (The letter summarised all complaints received and the results within the year referred to. The letter would be reported to the next meeting of this committee. Any matters which necessitated Police involvement would be forwarded to the Police as a matter of course and further action at SMDC would cease to allow their investigations to take place.)

2.    What was the criteria on voting rights at the committee? (Under the previous 2000 Act, there was a requirement for Standards Committees to include Parish Representatives and Independent Members. Under the Localism Act 2011 the requirement for Parish Representatives (PR’s) and indeed a Standards Committee was removed. There was, therefore, no statutory provision for the vote to be retained. It was also noted that the political balance of the committee would be skewed if co-opted members were to vote.)

3.    Given the limited sanctions available to the Standards Committee, could recommendations be made to Full Council to enforce any necessary action? (Yes, this did happen where considered necessary.)

4.    Were substitutes allowed on the committee? (No, the Council’s Constitution did not allow for substitutes on this particular committee.)

5.    Where a Hearing Panel was convened to consider a complaint relating to a Parish Councillor, how would the membership of the panel be determined? (The panel would reflect the parish nature of the complaint.)

The Committee on Standards in Public Life had reviewed the ethical standards in local government and had made 15 best practice recommendations for the Council’s local ethical framework where appropriate. Most of the recommendations were already covered in the Code of Conduct but 3 amendments were proposed:-

1.    Under ‘General Conduct’ paragraph 2.2, the words (including any unwanted behaviour that makes someone feel intimidated, degraded, humiliated  or offended) with reference to bullying;

2.    Also under ‘General Conduct’ an additional paragraph 2.11 “Co-operate fully with any investigation carried out in accordance with the Council’s Arrangements for dealing with Standards Complaints under the Localism Act 2011, and by not making any trivial or malicious allegations under those Arrangements;

3.    The addition of a ‘Public Interest Test’ as with the initial assessment criteria used by the Northern Ireland Local Government Commissioner for Standards in Public Life (attached as appendix 2 to the report as follows:-

·         Can we investigate the complaint?

·         Is the person you are complaining about a councillor?

·         Did the conduct occur within the last 6 months?

·         Is the conduct something that is covered by the Code?

·         Should we investigate the complaint?

·         Is there evidence which supports the complaint?

·         Is the conduct something which it is possible to investigate?

·         Would an investigation be proportionate and in the public interest?

Mr. Trillo advised that there was a need for an independent external review of the Council’s governance arrangements. A similar process for High Peak Borough Council would reduce the unit costs, which would be on a set fee basis.

RESOLVED: That the report be NOTED and that the adoption of the best practice recommendations into the Council’s ethical Standards framework be APPROVED.

FURTHER RESOLVED: To RECOMMEND TO COUNCIL that the revised Code of Conduct be APPROVED.

FURTHER RESOLVED: That the initial assessment criteria as attached at Appendix 2 be ADOPTED for use under the Council’s Arrangements for dealing with Standards Complaints under the Localism Act 2011.