The Committee considered a report by the Head of Legal Services and Monitoring Officer updating the position regarding the implementation of the provisions of the Localism Act 2011 relating to the standards regime.  Specific reference was made to the requirement for all local authorities to adopt a Code of Conduct (although there would no longer be a national mandatory Code).

It was noted that the LGA had now published a model Code of Conduct for Councils to consider adopting as had the Department for Communities and Local Government.  The Kent Secretaries Group had considered both of these models and drafted a Code of Conduct based on the best elements of those Codes and of the current Code.  The draft Code had been amended following the recent issue by the Government of draft regulations relating to disclosable pecuniary interests.  The Kent Secretaries Group was now looking at other disclosable interests.  It was hoped that all Councils in Kent would be recommended to adopt the same Code.  In the meantime, the National Association of Local Councils had published a model Code for its members to consider.  The Kent Association of Local Councils had been advised of the Kent initiative which meant that Parish Councils would have a choice as to whether to adopt the Kent Code, the NALC Code or a completely different Code.

The Committee considered the draft Code, and subject to a few queries as to the definition of other disclosable interests, duplication within Annexes 2 and 3 and the issue of membership of charities, in principle, supported the general direction of the document. 

It was noted that the commencement date for the new standards regime was likely to be 1 July 2012, but given that work on the Kent Code was still very much in progress, there was little chance of being in a position to make a recommendation to the next meeting of the Council on 20 June 2012 regarding the adoption of a new Code.

During the ensuing discussion, it was pointed out that unless the Government responded to the consultation on the draft regulations with transitional arrangements, there would be a period of time without a Code of Conduct.  The Committee felt that, in the circumstances, it would be sensible to continue with the existing Code of Conduct until a new Code is adopted, notwithstanding the advice of the Monitoring Officer that the existing Code of Conduct does not comply with the requirements of the Localism Act.  It was suggested that delegated authority be given to the Head of Legal Services and Monitoring Officer in consultation with the Chairman and the Political Group Spokespersons to finalise the Code and make a recommendation to the Council if he is in a position to do so before the commencement of the new regime.

The Committee also considered that it would be helpful if a representative of the Kent Association of Local Councils could be involved in the Kent Secretaries Group’s discussions on the Code and that arrangements should be put in place to monitor and evaluate the introduction and implementation of the new standards regime.  In this connection, it was suggested that the Council’s Corporate Services Overview and Scrutiny Committee be requested to consider including this exercise as a topic in its future work programme.

RESOLVED:

1.  To RECOMMEND to the COUNCIL:  That the Council continue with the existing Code of Conduct as an advisory Code until a new Code is adopted.

2.  That subject to the points raised in the discussion, in principle, the Committee supports the general direction of the draft Kent Code of Conduct.

3.  That delegated authority be given to the Head of Legal Services and Monitoring Officer in consultation with the Chairman and the Political Group Spokespersons to finalise the Code of Conduct and make a recommendation to the Council if he is in a position to do so before the commencement of the new standards regime.

4.  That the Kent Secretaries Group be requested to invite a representative of the Kent Association of Local Councils to its meetings when the Code of Conduct is discussed.

5.  That the Corporate Services Overview and Scrutiny Committee be requested to consider including the monitoring and evaluation of the introduction and implementation of the new standards regime as a topic in its future work programme.

6.  That the Officers be requested to publicise the new Code of Conduct and complaints handling arrangements when in place.

7.  That all Members and Co-opted Members of the Standards Committee, both past and present, be thanked for their work and contribution over the years.