Agenda item

Consideration was given to a report of the Head of Legal and Democratic Services and Monitoring Officer which provided an update on recent changes to the Bill made in the House of Lords (for copy see file of Minutes).

The Head of Legal and Democratic Services advised that since production of the report the Localism Bill had received Royal Assent on 15 November 2011, as such Members were provided with an overview of new legislation in relation to Standards.

The Committee were advised that the current Code of Conduct would cease to have effect however a relevant authority would be required to adopt a code to deal with the conduct that was expected of members and co-opted members of the authority when acting in that capacity. Any such Code adopted should be consistent with the Nolan Principles and must also provide for the registration and disclosure of pecuniary and non pecuniary interests.

In relation to Standards Committees, the Head of Legal and Democratic Services advised that the new legislation still required a principal authority to operate a Standards Committee, the general functions of which had remained unchanged. Arrangements would need to be put in place for complaints against Councillors to be investigated and decision to be made. A minimum of one independent person would need to be appointed from whom views would be sought on such complaints.

In summary, the Head of Legal and Democratic Services clarified that the next steps would be for the Council to come to an agreement about the arrangements to be put in place and in conjunction with the Deputy Monitoring Officer and Chair of the Standards Committee, she would be preparing a report to be considered by the Constitution Working Group.

Councillor T Batson advised of the position being communicated by the National Association of Local Councils, which was that on principle, they would recommend to all Parish and Town Councils that they opt to adopt the Code of the principal authority.

Following discussion of the new legislation and the future arrangements to be established by Durham County Council, the Chair confirmed that the views of the Committee would be taken into account when preparing recommendations to the Constitution Working Group.

Resolved:

That the report be noted.