Agenda item

RESOLVED:

That the proposed amendments to the Councillors’ Code of Conduct be approved, including the change proposed by Councillor Peers.

The Chief Officer (Governance) introduced the report and explained that the Standards Committee conducted a rolling review of the codes and protocols

within the constitution. As part of its most recent review, it considered changes to

the Councillors’ Code of Conduct in response to recommendations in the Penn Review.

It recommended the following changes to Full Council for approval:

iv) Paragraph 4a of the Code (to have due regard to equality of opportunity for all people) should be extended to include all nine protected characteristics under the

Equality Act 2010.

vi) 6(1)(b) of the Code of Conduct should be amended to make it an obligation on a Member to report their own criminal behaviour as well as that of others (as at

present).

vii) training on the Code of Conduct should be mandatory for all Members

The Constitution and Democratic Services Committee considered the changes at

its meeting on 15 March 2023 and agreed to recommend them for adoption.

            An updated draft had been circulated to Members which addressed any concerns that had been raised, particularly in relation to new offences since commencing the Council term.           

            On page 668, Councillor Peers asked if the Council were being asked to approve something that had not been tested in a tribunal.  The Chief Officer explained that in changing the Code, Welsh Government (WG) had published a proposal to amend the national model of the Code which was part of the consultation and could be removed in due course.  If it was accepted, it had to be submitted to Parliament to pass that legislation.  If a tribunal advised it was not for Flintshire to include those aspects in the Code then Flintshire would remove it.  However, legislation did permit the Council to make the changes to their own Code.  In response to a further question, the Chief Officer said it was a good suggestion that the reference to facsimile be removed.

            Councillor Richard Jones suggested that rather than listing the three protected characteristics on page 668, that the wording say ‘protective characteristics’ which would future proof the document.  The Chief Officer explained that, as the recommendation of the report had not been moved, this became the substantive motion.

            In response to a question from Councillor Bithell, the Chief Officer explained that when a person stood for election, they would be disqualified if they had been sentenced to imprisonment for three months or more.  However, there would become a point where the previous crimes would become ‘spent’.  The Constitution and Democratic Services Committee had requested a report on the updating of Disclosure and Barring Service checks which would be reported to the meeting in June.

            Councillor Ibbotson moved an amendment that the three protected characteristics should remain to ensure there was no regression in the characteristics. 

            At this point the discussion was on the amendment.

            The Chief Officer explained that either proposal was legitimate, and it was for Members to determine.

            Councillor Coggins Cogan spoke in support of retaining listing individual characteristics as these could be amended or added to which he felt was safer.

            On being put to the vote, the amendment proposed by Councillor Ibbotson was carried.  The amendment then became the substantive motion which was moved by Councillor Attridge and seconded by Councillor Hodge.  No further amendments were proposed so the vote on the amendment was carried.

RESOLVED:

That the proposed amendments to the Councillors’ Code of Conduct be approved, including the change proposed by Councillor Peers.