Agenda item

The Localism Act 2011 abolishes the existing Standards regime and introduces a new framework for the regulation of Member conduct.  This report sets out the relevant provisions of the Act along with notable implications for the Council and proposals for local implementation. It is anticipated that the new provisions will come into effect from 1st July 2012.

The Committee received a report setting out the provisions of Localism Act 2011 which abolished the existing Standards regime and introduced a new framework for the regulation of Member conduct.  It was noted that the new provisions which  place a duty on a relevant authority to ensure that its Members and co-opted Members maintain high standards of conduct and requires such authorities to adopt a code of conduct for their Members will come into effect from 1st July 2012..  The specific responsibility of maintaining high standards of conduct for Members will be delegated to the Audit and Pensions Committee. 

The Act requires the adoption of a code whose contents must be consistent with the seven ‘Nolan’ principles of standards in public life (selflessness, integrity, objectivity, accountability, openness, honesty and leadership), and must set out the rules that the authority wants to put in place with regard to requiring Members to register and disclose pecuniary and non-pecuniary interests.  It was noted that once the LGA’s draft model code had been issued, Members will consider whether its’ provisions are robust enough.  The new code would contain guidance on the use of Social Media by Members as recommended at a previous Standards Committee.  As all H&F Members’ declarations are already available online, the current arrangements for the declaration of interests will continue.

Members noted that Kensington and Chelsea and Hammersmith and Fulham Councils will each appoint an Independent Member separately. They will jointly  form a pool to ensure that there are sufficient numbers to be consulted on by any of the parties involved in the process.  An allowance in the region of £500 per annum will be paid to the Independent Person.

The initial assessment on whether to investigate a complaint would be delegated to the Monitoring Officer who will consult with one of the Independent Persons.  Where they do not consider there to be a breach, the Monitoring Officer will inform the complainant of their decision and no further action would be taken.  Where they consider that there might be a breach, the complaint will be referred to the Audit and Pensions Committee for investigation.  The Audit and Pensions Committee will appoint a Sub-Committee to hear the complaint and determine whether or not there has been a breach of the Code. The views of the independent person will be sought after the investigation has been carried out and before the Audit and Pensions Sub-Committee takes a decision on the Complaint  Where a Member is dissatisfied with the decision of the Audit and Pensions Sub-Committee an appeal can be lodged against the decision.

Resolved:

·        That the proposals for the new Standards Regime as set out in the report be recommended to full Council for implementation.

·        That the publication of a joint advert for the recruitment of Independent Persons in conjunction with the Royal Borough of Kensington and Chelsea, be approved.

·        That the Standards Committee Appointments Panel shortlist and select the Independent Person as required by the legislation and make recommendations to full Council.