A Members' Code of Conduct for the Metropolitan Police Authority

Report: 07
Date: 25 April 2002
By: Clerk

Summary

This report recommends a Members' Code of Conduct for adoption by the Authority and an addition to the Standards Committee's terms of reference. If the code is adopted Members will be under an obligation to give written undertakings to abide by it within two months. The Authority must have a code in place by 5 May 2002.

A. Recommendations

1. That the code of conduct attached as Appendix 1 to this report be adopted.
2. That members note their obligations under the code in respect of giving a written undertaking to abide by it and to register financial and other interests and the receipt of any gifts and hospitality (paragraphs 5–8 of the report).
3. That the terms of reference of the Standards Committee be amended to include authority to grant dispensations as set out in paragraphs 9 and 10 of this report.

B. Supporting information

Code of conduct

1. The Secretary of State has issued a model code of members' conduct as part of the new ethical framework set out in the Local Government Act 2000. This aims to be preventative rather than promotional in that it seeks to lay down a set of enforceable minimum standards for the way members should conduct themselves.

2. All the provisions in this model code are mandatory, i.e. they must be included in the MPA's own code. It is open to an authority to include further provisions in its own code. However, the recommendation from both the government and the Standards Board for England is that, at least in the first instance, authorities should adopt the model code unchanged. If further provisions are contemplated they recommend that legal advice is sought to ensure that these provisions do not conflict with the model code or with other pieces of legislation.

3. Every authority must adopt its code of conduct by 5 May 2002, six months after the model code of conduct was made. To meet this deadline, the code must be adopted by the Metropolitan Police Authority at its current meeting. If an authority fails to adopt a code within this timescale the model code is automatically applied to it. Once it has adopted its code, the MPA must publish a notice to that effect in one or more local newspapers and send a copy to the Standards Board for England.

4. The Authority's Standards Committee considered the model code at its first meeting on 1 March. It decided to recommend to the Authority that it adopts the model code unamended. This is attached as Appendix 1 (see Internal links).

Action to be taken following adoption of the MPA's code of conduct

5. Once the MPA's code is adopted, all members of the Authority are bound by it. In addition, they must agree in writing within two months that they will observe the code. If they fail to do so they automatically cease to become a member of the Authority.

6. As monitoring officer, the Clerk has a duty to set up and maintain a register of members' interests. The interests that members are required to declare are set out in Part 3 of the code. This register must be open to public scrutiny, and the Standards Board for England suggests that it should be published on the Authority's website. It is proposed to do this. The MPA already maintains a register but this exercise will need to be repeated to bring it into line with the new requirements. Members will have 28 days from the adoption of the Authority's code to register their financial and other interests. Members also have a duty to inform the monitoring officer of any changes to their interests within 28 days of becoming aware that a change has occurred.

7. Gifts or hospitality: the code will also require members to tell the monitoring officer, in writing and within 28 days, of any gifts or hospitality worth more than £25 that they have received in the course of, or as a result of, their public duties. These declarations must be held on a public register.

8. The Clerk will take the necessary steps to ensure that the above requirements are met, although the obligation is on all members to comply with the deadlines. A guidance note about the code and their obligations under it will also be produced for members.

Change to the terms of reference of the Standards Committee

9. On 18 March the 'Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002' came into force. These enable standards committees to grant dispensation to a member in certain circumstances where he or she would otherwise be unable to participate in the discussion and decisions on a particular issue because of a prejudicial interest as defined in the code of conduct. The regulations cover those instances where, because more than half of the members would have to declare a common interest, the Authority would become inquorate and therefore unable to conduct its business. Previously, the Secretary of State made decisions on applications for a dispensation.

10. The text of the regulations is attached as Appendix 2. It will be put into plain English when guidance is produced for members on the code of conduct. The Authority is asked to include this power in the Standards Committee's terms of reference.

C. Financial implications

Adoption of the code has to be publicised by way of a notice in a newspaper covering the London area.

D. Background papers

Report to Standards Committee 1 March 2002 - Model Code of Conduct for Police Authorities

E. Contact details

Report author: Simon Vile, MPA.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 2: The Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002

Circumstances in which dispensations may be granted

3.

(1) The authority's standards committee may, subject to paragraph (2) below, grant a dispensation to a member in the following circumstances -

(a) the transaction of business of the authority would, on each occasion on which the dispensation would apply, otherwise be impeded by, or as a result of, the mandatory provisions because -

(i) the number of members of the authority that are prohibited from participating in the business of the authority exceeds 50% of those members that are entitled or required to so participate; or

(ii) the authority is not able to comply with any duty which applies to it under section 15(4) of the Local Government and Housing Act 1989;

(b) the member has submitted to the standards committee a written request for a dispensation explaining why it is desirable; and

(c) the standards committee concludes that having regard to the matters mentioned in paragraph (a) above, the content of the application made pursuant to paragraph (b) above, and to all the other circumstances of the case, it is appropriate to grant the dispensation.

(2) Nothing in sub-paragraph (1) above shall permit a dispensation to be granted - 

(a) in respect of participation in business of the authority conducted more than four years after the date on which the dispensation is granted; or

(b) where the effect of the mandatory provisions from which a dispensation is sought is that - 

(i) a member is prohibited from participating in the consideration of a matter at a meeting of an overview and scrutiny committee of the authority, or sub-committee of that committee, where that consideration relates to any decision made or action taken by any other of the authority's committees, sub-committees, joint committees, or joint sub-committees of which he may also be a member; or

(ii) a member of the authority's executive is prohibited from exercising functions which are the responsibility of the executive of the authority and which would otherwise be discharged by him solely.

Records of dispensations

4. The authority's standards committee must ensure that:

(a) the existence, duration and nature of any dispensation is recorded in writing; and

(b) that such record is kept with the register of interests established and maintained under section 81(1) of the Act.

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