The Committee gave consideration to a report which informed Members of the review into Local Government Ethical Standards, its findings and recommendations.

During 2018, the CSPL (Committee of Standards in Public Life) undertook a review of local government ethical standards. “The review was not prompted by any specific allegations of misconduct, but rather to assure themselves that the current framework, particularly since the Localism Act 2011, was conducive to promoting and maintaining the standards expected by the public.”

The Localism Act 2011 introduced significant changes to the way that conduct of elected Councillors was handled. It abolished a national framework headed by a regulator and a national Code of Conduct and removed powers to suspend or disqualify Councillors for serious breaches of the Code of Conduct. Instead it placed a duty on Councils: to adopt their own local Code; to put local procedures in place to investigate allegations the Code may have been broken (with principal authorities carrying out that duty for parish councils; and to appoint at least one Independent Person (IP) whose views they had to take into account when considering matters under investigation.

The report summarised  theCSPL’sfindings, recommendationsfor legislative change andbest practicerecommendations (which could be introduced without a change in legislation) for each of the areas reviewed.  Those areas of best practice previously adopted to date by WLDC and prior to the review, were highlighted green in the tables with the report set out Sections 3 – 9.

It was noted the Government had been expected to respond to the report in September 2019 setting out whether or not it accepted some or all of the recommendations.However some ofthe recommendations– forexample increasedsanctions, orthe abolitionof theDPI criminaloffence, would require new primarylegislation , whilst others will require changes to regulations, therefore the time-line to see this area of work fully concluded was expected to be extensive, and it was doubtful how high up the Government’s agenda this work was.

That being said, a number of the recommendations were considered best practice and could be implemented with immediate effect if desired and of the 14 best practice recommendations detailed within this report, West Lindsey has already adopted 10 as a result of its fundamental review in 2017/2018.

Debate ensued and at the request of Members, Officers outlined which of the remaining best practice recommendations they considered worthy of implementation and which ones, at this stage they would not recommend being adopted.  Rationale was offered.

In general, the Committee welcomed the report, however it was unfortunate that those changes which would see the greatest overhaul could not be implemented without a change in legislation and there was a shared concern that the Government would not see this work as priority.  The decriminalisation of “interests”, the re-introduction of proper meaningful sanctions and a common code across the board were all welcomed and the Committee requested that Officers continue to lobby in respect of these aspects, ensuring both the MP and relevant Minister were aware of the authority’s view.

It was further suggested the Officers should lobby through the professional bodies of which they were members including ADSO and the Lincolnshire MO Group.  It was also suggested that an article around this subject should be included in the Members’ Bulletin.

The Committee also considered it would be worth while understanding the logic behind best practice recommendation  9 which the Authority was not supportive off in the absence of legislation to protect IPs.

Following much discussion it was RESOLVED that:

(a)     the report on Local Government Ethical Standards, published by the Committee on Standards in Public Life be received and noted;

(b)     In light of the comments expressed throughout the debate, Officers be requested to continue lobbying Government Ministers for a change in legislation to allow for the decriminalisation of “interests”, and the re-introduction of proper meaningful sanctions; and

(c)     a further report be submitted to the Committee during 2020/21  setting out any new proposed practices to be introduced in light of the debate, namely best practice recommendations 3 and 6

*        Local Authorities should review theircode annuallyand regularlyseek the views ofthe public, communityorganisations and neighbouringauthorities

*        Local Authorities to adopt (andpublish)a public interesttestfor filteringcomplaints