26. STANDARDS COMMITTEE REPORT 2010 AND ETHICAL ISSUES FOR COUNCILLORS

Council considered the Standards Committee Report for 2010. It was noted that the Localism Bill would abolish the Standards Board and the local Committees, and it was expected to be passed later this year.

The Deputy Mayor invited the Council’s Monitoring Officer (Head of Legal Services) to present information on ethical issues for Councillors.

The Monitoring Officer commented that she would cover issues such as the Code of Conduct, Predetermination, the Bribery Act 2010, the Localism Bill and associated timetable, and some existing case law and legislation.

In relation to the Code of Conduct, Members were informed:

· Be aware of personal and prejudicial interests.
· Up date your register of interests, and gifts and hospitalities.
· Treat others with respect.
· Councillors should not:
– Bring RBWM or your office as a Councillor into disrepute.
– Use the Authority’s resources for party political purposes.
– Compromise the impartiality of people who work for RBWM.
– Discriminate.
– Bully, intimidate or attempt to intimidate others.
– Use your position improperly for personal gain.
– Be involved in decision making where you have a prejudicial interest.
– Disclose confidential information.
– Prevent anyone obtaining any information they are entitled to.

With regard to predetermination, the Monitoring Officer commented that Local authorities had to take reasonable decisions on consideration of all material factors and, if they did not, the decision was vulnerable to judicial review. She explained that there was concern that this prevented Councillors expressing views or representing their communities, and there was occasionally confusion about predetermination and predisposition.

Members were then provided with information in relation to the Bribery Act 2010, as follows:

· In force on 1st July 2011
· Offences of :
· Giving / receiving a bribe
· Bribing a foreign official
· Failure to prevent bribery by employees and other associated persons (if a senior officer)
· Indirect effect on public sector but could affect Council officers
· 6 principles:
· Proportionate procedures
· Top level commitment
· Risk assessment
· Due diligence
· Communication
· Monitoring and review

The Monitoring Officer then went on to consider the Localism Bill, and informed Council that the content of the Bill proposed the following:

· Continuing duty to promote and maintain high standards of conduct
· Standards for England regime abolished
· General Principles and Code of Conduct repealed
· Statutory Standards Committees abolished
· New statutory register of interests
· New criminal offence to fail to register, declare or withdraw for interests
· Redefining the law on predetermination (Clause 13(2))
· “A member or co-opted member is not to be taken to have had, or to have appeared to have had, a closed mind when making a decision just because –
· The decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took or would or might take, in relation to a matter, and
· The matter was relevant to the decision”

With regard to the anticipated timetable for the Localism Bill, the following was reported:

· Late 2011 - Localism Act comes into force.

· “Appointed Day” (two months after the Bill receives Royal Assent) - Transitional Regime.
· Local Standards Committee remain established until the last complaint dealt with.
· Model Code of Conduct, Standards for England and First-Tier Tribunal to be abolished.

· Early - mid 2012 – Post Transitional Regime.
· Wilful failure to fail to comply with requirements to continue to register and declare personal interests, will be a criminal offence.

In conclusion, the Monitoring Officer presented to Members some existing law and legislation, and touched upon the following areas:

· Criminal law –
· Misconduct in public office
· Failure to register or declare interests
· Theft, false accounting, etc.
· Civil Liability
· Statutory Immunity, Section 265, PHA 1875
· Misfeasance in public office
· Moores v Bude Stratton TC
· Defamation
· DIY
· Broadland DC v Lashley
· Injunctions – e.g. harassment
· Ombudsman
· May get compensation sanction against Councillors

The Deputy Mayor thanked the Monitoring Officer for her presentation.
 

RESOLVED UNANIMOUSLY: That the Standards Committee Report 2010, and presentation by the Monitoring Officer on ethical issues, be noted.