Agenda item

A report of the Town Clerk and the Comptroller and City Solicitor relative to the introduction of a mandatory regime for all Members of the Court of Common Council and Co-opted Members in respect of the registration of gifts and hospitality.

The existing Code of Conduct is attached Appendix 1.  Appendix 2 sets out, in tracked changes, those revisions that were proposed at the 29th November 2013 meeting of the Standards Committee.  Appendix 3 sets out a revised Code of Conduct incorporating all of the proposed changes. 

(The Chief Commoner was present during the discussion on this item.)

The Committee considered a report of the Town Clerk and the Comptroller & City Solicitor relative to the introduction of a mandatory regime for all Members of the Court of Common Council and Co-opted Members in respect of the registration of gifts and hospitality, following the Committee’s earlier consideration of this matter at its meeting on 29th November 2013.  Included in the recommended amendments set out in appendix 3 of the report, was a list of bodies that should be declared as non-pecuniary interests, namely Professional Associations, Trade Associations, and Trades Unions.

The Chairman expressed a view that this list of organisations was too limited given the broad range of organisations in which City of London Members were involved. He also reflected that in the previous Code of Conduct, Members had been expected to register a more substantial list and he tabled a note that he had prepared containing further amendments to those included at appendix 3 of the report. The Chairman’s suggested amendments concerned, principally, the declaration of membership of the following:

•           Charities or bodies directed to charitable purpose,

•           Clubs or Societies having a base of operation in the City of London (e.g. Ward Clubs), which has two or more Members or Officers of the Corporation in membership (e.g. the Reform Club); or which relates to any functions of the Corporation (e.g. the Heath and Hampstead Society);

•           Fraternal or Sororal Societies;

•           Livery Companies;

•           Organisations, one of whose principal purposes includes the influence of public    

           opinion or policy; and

•           Political Parties.

The Chairman in making these suggestions advised that some other local authorities, including London Boroughs, had retained similar provisions in their Codes of Conduct.

The Comptroller & City Solicitor provided clarification in respect of the current voluntary arrangements, including the higher level threshold and the requirements for registering those interests that were not originally included on the Members’ Declaration form but were subsequently declared at meetings. Members were reminded that, as previously agreed by the Committee, an annual reminder would be sent to all Members and Co-opted Members encouraging them to review and update their Members’ Declarations wherever necessary. As the annual reminder would be circulated at the start of the new municipal year, and in light of the anticipated changes to the City Corporation’s regime, it was felt that the Chairman and Deputy Chairman should have some oversight of the documentation ahead of circulation and delegated authority, in accordance with Standing Order (41(b)), was therefore agreed.

With reference to the list of further amendments tabled at the outset of the discussion, the Chairman suggested that the wider areas requiring declaration appropriately reflected the nature and business of the City of London Corporation, particularly where there might be a perception of influence being exerted.  Examples of Codes of Conduct from some of the London Boroughs (Hackney and Westminster) were also tabled by the Chairman to highlight the inclusion of organisational memberships. In the interests of transparency, the Chairman felt that the City Corporation should adopt the same approach.  Members accepted the broad thrust of the Chairman’s proposal, although some Members expressed concern that the inclusion of political party membership might undermine the convention that City Corporation Members were independent of party politics.  It was noted that this was only a convention and that members of a political party had stood under a party banner in recent elections and could do again. It was again noted that party membership had previously been included in the Members’ Code of Conduct.  There was widespread agreement that transparency and disclosure of relevant interests should be the guiding principle and the Co-opted Members and Independent Persons expressed strong support for the inclusion of the full list of additional categories proposed by the Chairman.  The Committee agreed unanimously with all the Chairman’s proposals other than including political party membership.

On that outstanding issue, the Chairman put the matter to the vote. The Committee divided:

FOR: 2 Members

AGAINST: 2 Members

There being a tie, and having taken the advice of the Comptroller & City Solicitor, the Chairman utilised his casting vote and the revised Members’ Code of Conduct, incorporating all the tabled amendments, was agreed.

Following some discussion regarding the registration by Members of gifts and hospitality that were offered yet declined, the Comptroller & City Solicitor explained that whilst this was a decision of the Committee it may pose some difficulties for Members in terms of estimating the value of declined gifts/hospitality. Following some further discussion the Committee felt that this requirement should not be included in the revised regime.

RESOLVED: - That –

(i)         a revised Code of Conduct, incorporating those revisions tabled by the Chairman at the meeting, be approved and recommended to the Court of Common Council for approval; and

(ii)        in accordance with Standing Order 41(b), delegated authority be granted to the Town Clerk, in consultation with the Chairman and Deputy Chairman of the Standards Committee, to approve the annual reminder documentation that will be sent to all Members and Co-opted Members in May 2014 in respect of updating their Members’ Declarations.

(The meeting was adjourned at 12.20am and reconvened at 12.32pm.)