Agenda item

Purpose: To provide an update on local and national issues relating to ethical standards and to bring to the attention of Members any complaints or other problems within West Berkshire.

The Committee considered a report (Agenda Item 5) which provided an update on local and national issues relating to ethical standards and any complaints or other problems within West Berkshire.

Sarah Clarke noted that the report concluded that although there was a relatively high number of complaints (22), they were limited to related matters in a very small number of parishes. Twenty of the complaints pertained to parish councillors, one to a co-optee and one to a district councillor. It was noted that only two matters were referred for investigation, no further action was taken on fourteen of the complaints, three were withdrawn, informal resolution was required in two cases and one was still being dealt with. It was the opinion of the Monitoring Officer that standards of conduct at all levels across the district remained high, which was to be commended.

As part of the learning from the complaints received the Council had amended its Social media Protocol for Members and some changes had also been made to the Member Development Programme.

Ms Clarke also noted that the Committee on Standards in Public Life had published their report on ethical standards in local government on the 30^th January 2019. It was heartening to see that they were recommending that the ability to suspend councillors be reintroduced as a sanction. This would however require legislative changes. Officers were suggesting that after the May 2019 elections a small group be formed to look at the implications of the report to see what changes should be made to the Council’s protocols prior to a discussion at a Governance and Ethics Committee meeting. It was however noted that some of the changes would be dependent on legislative changes.

The number of gifts and hospitality declarations by officers was broadly similar to the previous year. The number of declarations by Members had increased slightly. The Monitoring Officer was however concerned that there was still a degree of under reporting and that there was a lack of consistency in declarations across the Council.

Councillor Jeff Brooks noted that there had been an increase in the number of complaints and he queried if this was an indication of a systematic problem. Sarah Clarke stated that the complaints were limited to a very small number of matters and a few parishes. In 77% of cases the matter was either withdrawn or no further action was taken on the complaint. It should also be noted that only two complaints were investigated. She was therefore reassured that conduct at all levels across the district remained high and she commended all councillors for this.

The Committee welcomed the possibility of being able to apply a suspension as a sanction where breaches of the Code of Conduct occurred.  They agreed that since the introduction of the Local Government Act in 2011 the sanctions available to them had been largely ‘toothless’ and that if the legislation was passed it would be useful to have this sanction available to them.

The Chairman noted that the report would be presented to full Council and that it would be circulated to all the parishes after that meeting.

The Chairman, on behalf of the Committee, requested that their thanks be conveyed to the Independent Persons and the Parish Councillors who sat on the Governance and Ethics Committee and Advisory Panel for all their hard work over the past year.

RESOLVED that:

1.    the content of the report be noted.

2.    it be recommended to full Council that the report be circulated to all town and parish councils.

3.    the thanks of the Committee be passed on to Independent Persons and the Parish Councillors who sat on the Governance and Ethics Committee and Advisory Panel for all their hard work over the past year.