506 Adoption of New Code of Conduct for Members
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To consider the report of the Monitoring Officer, (copy enclosed).
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Minutes:
The Committee considered the report of the Monitoring Officer that presented to the Committee the new Model Code of Conduct for Members (the Code) from the Local Government Association (LGA), at Appendix 1, and the accompanying Guidance, at Appendix 2, with a view to making a recommendation to the Council.
The Chairman introduced the report and deferred to the Monitoring Officer to present the detail. The Officer took the Committee through the report and advised that revisions submitted last year satisfied previous concerns raised by Essex Councils. Most District Councils were moving towards adoption and the new code was an improvement on the current one, incorporating important principles established across the country.
The Code itself was much more self-explanatory and the accompanying guidance to assist with interpreting the code included a number of examples. Of real significance was the section on Declarations of Interest and the Monitoring Officer highlighted that interests now related to relative and close associates. The three categories of interest had been updated as follows and the considerations around each interest were explained:
· Disclosable Pecuniary Interests (DPI) – these were unchanged as they were defined in statute in the Localism Act. If a Member did not declare a DPI they would breach the Code of Conduct and commit a crime. Table 1 of Appendix 1 to the report detailed the types of DPI. A Member with an DPI on an item being discussed by Committee could not debate or vote on that item and would have to leave the room.
· Other Registrable Interests (ORI) –detailed in table 2 of Appendix 2. This was a new category and related to unpaid directorships, public interest bodies, charity membership etc. Members were required to register these and at a meeting if there was a matter arising which directly related to the financial interest or wellbeing of one of the ORI they would have to declare it as well. A Member with an ORI on an item being discussed by Committee could not debate or vote on that item and would have to leave the room.
· Non-Registrable Interests (NRI) – Another new category and was broken into two types of interest financial and wellbeing. Members had to consider if a matter ‘directly’ related or ‘affected’ their financial interest or wellbeing. These interests could relate to a member, their partner / spouse, a relative or a close associate. If a Member had an NRI they could not debate or vote on that item of business.
The Monitoring Officer drew Members’ attention to paragraph 9(a) of the Code and suggested that it be amended to include reference to ‘or well-being’.
The Committee was reminded that the Code only applied when acting in the capacity of a Councillor. Members were advised that Essex County Council were moving towards adoption circa June 2022 and most other authorities will be doing so shortly after that.
The Chairman moved the recommendation as set out in the report and this was duly seconded. Councillor Mrs M E Thompson ... view the full minutes text for item 506