Agenda item

3.25 p.m.

Report by Director of Law and Governance

Section 27(2) of the Localism Act 2011 requires local authority must adopt ‘a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity.

The Audit and Governance Committee is RECOMMENDED to adopt the revised Councillors’ Code of Conduct at Appendix (1) for implementation from 1 May 2022.

The Audit & Governance Committee considered a report by the Director of Law and Governance in which it was noted that Oxfordshire County Council, in accordance with the provisions of the Localism Act 2011, had adopted a Members' Code of Conduct (“the Code”).

In response to a report by the Committee on Standards in Public Life (CSPL), the Local Government Association (LGA) published a Model Member Code of Conduct, the latest version of which had been updated in May 2021. It had subsequently been agreed by the Monitoring Officer of each Oxfordshire authority and the Oxfordshire Association of Local Councils to adopt an amended Members Code of Conduct using the Model Member Code of Conduct produced by the LGA.

Accordingly, it was recommended that the Audit & Governance Committee recommend to Full Council that it –

(a)  Adopt a revised Councillor’s Code of Conduct based on the LGA Model Member Code of Conduct (“the Code”); and

(b)  That the revised Code be implemented from 1 May 2022.[1]

The Director of Law and Governance, Anita Bradley, presented the report.

In the subsequent discussion, the following points were raised.

(a)  In response to a question regarding Councillors undertaking training as set out in Paragraph 6.8.1 of the proposed Code of Conduct, it was recommended that it was for Full Council to set the requirements regarding training, and it would be the officer’s recommendation that each Member of the Council undertake training on the new Code of Conduct at least once during their four-year term of elected office.

(b)  Regarding Paragraph 7.3 of the proposed Code of Conduct: Non-Registerable Interests, Ms Bradley stated that, in her opinion, a person’s employment details were a disclosable pecuniary interest, the relevance of which was dependent upon the facts and particular circumstances of the case.

(c)   Every local authority was required to have a Members’ Code of Conduct. In the case of Oxfordshire County Council, the Members’ Code of Conduct was incorporated into the Council’s Constitution’s and was part of the Council’s overall governance framework.

(d)  Regarding Paragraphs 6.7.1 and 6.7.2 regarding use of Council resources, Ms Bradley stated that Paragraph 6.7.1 was a statement of fact which was augmented by Paragraph 6.7.2.

(e)  As Oxfordshire County Council no longer had a Standards Committee, it was the responsibility of the Audit & Governance Committee, on the recommendations of the Monitoring Officer, to maintain standards of governance.

(f)    Regarding Paragraph 8: Code of Conduct - Gifts and Hospitality, Ms Bradley clarified the provisions of Paragraphs 8.1 to 8.3 which were intended to cover all eventualities in relation to the giving and acceptance of gifts and hospitality and the test to be applied when considering whether to accept a gift and/or hospitality.

(g)   Regarding the interpretation of the provisions of Paragraph 7.3: Non-Registerable Interests, Ms Bradley said it was for Members to apply the natural and ordinary meaning of the wording in the paragraph and, if in doubt, to seek the advice of the Monitoring Officer.

RESOLVED: To approve the revised recommendation, as follows:

That the Audit & Governance Committee recommend to Full Council that it –

(a)  Adopt a revised Councillor’s Code of Conduct based on the LGA Model Member Code of Conduct (“the Code”); and

That the revised Code be implemented from 1 May 2022.