Wednesday 5 June 2013

Code of Conduct training

There was a Cornwall Council Code of Conduct training session at St Columb Major Town Hall on June 4th delivered by Helen Ollett-Nash of Cornwall Council and members of the Standards Committee.

Photo of Helen Ollett-Nash at St Columb Major Town Hall


The Code of Conduct replaced the previous code last year with the introduction of The Localism Act 2011 and the subsequent regulations (The Relevant Authority (Disclosable Pecuniary Interests) Regulations 2012). All councillors agree to the code of conduct when they are undertaking their role as a councillor and it is their individual responsibility to apply it. Should they breach the code they can be reported to the Monitoring Officer, may be investigated, and even found guilty of a criminal offence. There is a convenient online form for registering complaints under the code of conduct. All the members of a nearby Parish Council were at the training session because they had received a complaint under the code of conduct after their first meeting in May.

To new councillors - and previous councillors familiar with the old code - the array of terms - disclosable pecuniary interests, non-registerable interests, paragraph 3.5A, proximity and dispensations - can be challenging.

However, the training was very useful and covered areas where our Parish Council has had debate in the last few years. The training covered the role of councillors who have been appointed to other committees in a village, represent external organisations, are debating an item concerning council (i.e. public) property, or may be perceived to have proximity (be close) to particular planning issues. The main discussions were around when a councillor was able to speak and / or vote on a particular issue. The training also covered the balance that must be struck between effectively representing the public and judging whether you comply with the code of conduct - or could defend your position if challenged.

A particular issue for our council was covered. Even though a councillor, being a representative of an external organisation, could apply (to the Parish Council) for dispensation to have full voting rights on a matter concerning that organisation, it is best that the individual 'speaks and leaves' the meeting before debate and voting. Should the meeting be not 'quorate' if they leave (i.e. at least three councillors able to vote) then it is best to defer the decision to a later or extraordinary meeting. Reassuringly. this is the exact practice that our council has agreed in the recent past.

Councillor Kay Chapman and myself attended.