Agenda item

Government Response to The Committee on Standards in Public Life Report

Report of the Director of Legal and Governance

Minutes:

8.1

The Committee received a report of the Director of Legal and Governance which highlighted the Governments responses to the Committee on Standards in Public Life’s Review of Local Government Ethical Standards.

 

8.2

In January 2019, the Committee for Standards in Public Life issued a report with recommendations on ethical standards in Local Government. This was following extensive consultation with local authorities. The Audit and Standards Committee carried out a workshop to review those recommendations and then implemented changes where necessary to the Members Code of Conduct and Procedure for dealing with complaints. The Audit & Standards Committee also submitted a consultation response on behalf of Sheffield City Council.

 

8.3

In summary, the Government had not made any changes to the legislation following the recommendations. Although, there were some areas which they committed to look at further. There were also some aspects noted where the Government considered Local Government could change if they wanted to without further legislation.  

 

8.4

The Director of Legal and Governance summarised the recommendations in the report which the Audit & Standards Committee would find useful.

 

8.5

Independent person, David Waxman felt the report produced by the Committee for Standards in Public Life in 2019 was very well regarded and applauded by groups with interest in this area. Therefore, was disappointed with the Governments minimal interest to that report and recommendations.

 

8.6

Members of the Committee asked questions and the following responses were provided: -

 

8.7

The Director of Legal and Governance confirmed the current law was clear that the Code of Conduct only applied to elected Members when they were acting in their official capacity This was set out in the judgment relating to Ken Livingstone when he was the Mayor of London and was supported by the Localism Act 2011. This stated that Members have a right to a private life and  have the ability to exercise free speech when not acting in an official capacity. This leaves us with some ambiguity around when a member is acting in their official capacity and this report offered the government an opportunity to remove that ambiguity.

 

8.8

The Director of Legal and Governance informed the Committee that new Members were informed that they could request that their home address is withheld from the online register through the Monitoring Officer if they could evidence that the interest fell within the definition of ‘Sensitive interest’ within the Localism Act 2011. The Director of Legal and Governance also had regular conversations with Groups Whips around this issue. Members would also have been reminded of this through the Members code of conduct training which was recently delivered.

 

 

8.9

RESOLVED: That the Audit & Standards Committee noted the Government response to the Committee on Standards in Public Life review of local government ethical standards.

 

 

Supporting documents: