Agenda item

Standards Board for England Occasional Paper - Predisposition, Predetermination or Bias, and the Code

Minutes:

The Local Code of Conduct for Members was the primary source of information which governed how Members should act when carrying out their roles and responsibilities as an elected or co-opted Member.  A failure to comply with the Code meant that an individual Member might be subject to the scrutiny of the Standards Board for England and/or the Standards (Local Determination) Sub-Committee.  The common law rules of bias and pre-determination and the concept of pre-disposition did not form part of the Code but were still important issues which dictated whether or not a Member should or should not participate in making decisions on behalf of the Council.  The Standards Board for England had issued an occasional paper containing useful information and examples to guide Members on this important issue and a copy of the Paper was submitted to the Committee for information.  The Paper had also been circulated to all other Members of the Council through the Members’ Weekly Information Bulletin.

 

The Director of Law and Governance reported that the Council had on three separate occasions tried to have pre-determination included within the Local Code of Conduct but its representations to date had been ignored.  The Committee was advised that the Council could not unilaterally include such provision within its own Local Code and that any such amendment would require Government legislation.

 

Resolved -   That the information report now submitted be noted.

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