Decision

It was moved by Councillor Tarrant, seconded by Councillor Tudor and

RESOLVED that the Standards Committee is requested to

1. Note that the Government has indicated its intention to introduce a mandatory national Code of Conduct for local authorities, which councils will be required to adopt without local variation.
2. Affirm unequivocally that freedom of expression is a fundamental right protected under:

• Article 10 of the European Convention on Human Rights (ECHR), as incorporated into UK law by the Human Rights Act 1998; and

• the common law tradition of free speech as a cornerstone of democratic governance.
• Nothing in this motion shall be interpreted as permitting or protecting conduct that amounts to unlawful harassment, discrimination, or other behaviour prohibited under the Equality Act 2010 or related legislation.
3. Recognise that elected members, council officers, and members of the public must be able to engage in lawful, robust, and even controversial debate without fear of improper sanction, provided such expression remains within the law.
4. Further note concerns that, irrespective of the wording of any Code of Conduct, the process by which alleged breaches are assessed and investigated may, if not properly safeguarded, be used in a manner that has the effect of discouraging or penalising lawful political expression.

1. Clarify that this motion does not seek to pre empt, amend, or conflict with any future nationally prescribed Code of Conduct, but instead relates to the procedures, thresholds, and safeguards applied by the Council when assessing and determining alleged breaches.
2. Request the Monitoring Officer to prepare and bring forward draft interim guidance for consideration and approval by the appropriate committee or Full Council within three months, pending completion of the review set out below, to ensure that:

• Conduct processes cannot be used for complaints lacking a reasonable prospect of establishing a breach of the code, including those unsupported by evidence, or which appear to constitute a misuse or weaponisation of the complaints process, appear to be politically motivated, vexatious or trivial;

• Thresholds for initiating any investigation explicitly protect lawful political expression;

• Any complaints relating to speech are subject at the earliest stage to an assessment consistent with Article 10 ECHR, including the principles of legality, necessity, and proportionality; and

• Such guidance shall have effect as soon as practicable, unless and until superseded by revised procedures.

1. Resolve to initiate an urgent review of the Council’s complaints handling procedures, assessment thresholds, and investigatory processes relating to alleged breaches of the Code of Conduct, to be completed within six months, with the objective of ensuring that:

a) No councillor is subject to investigation or sanction solely for expressing lawful political views, however robust or controversial;

b) Political disagreement or lawful criticism does not in itself trigger formal misconduct proceedings;

c) A high threshold is applied before any formal investigation is commenced, including an effective initial filtering stage to dismiss complaints lacking a reasonable prospect of establishing a breach of the code, including those unsupported by evidence, or which appear to constitute a misuse or weaponisation of the complaints process, appear to be politically motivated, vexatious, or trivial;

d) Any restriction on expression through process or outcome is demonstrably lawful, necessary, and proportionate in line with Article 10 ECHR;

e) The complaints and investigatory process cannot be used, whether intentionally or inadvertently, as a form of punishment in itself;

f) Any complaint involving expression includes a mandatory written assessment, prior to any escalation or sanction, explicitly addressing:

• whether the expression is protected under Article 10 ECHR; and
• whether any proposed action is lawful, necessary, and proportionate.

1. Resolve that no councillor shall be required to endorse or affirm any specific political or ideological position as a condition of training, and training for councillors should remain focused on legal compliance, standards, and professional conduct.”
2. Resolve that the principles and procedural safeguards set out in this motion are intended to guide the Council’s approach to the fair and lawful handling of conduct matters, and that:

• These principles shall inform the development and application of procedures, but shall not prevent Full Council from amending, replacing, or departing from them where it considers it appropriate and lawful to do so; • Any future changes to procedures should include a clear explanation of their anticipated impact on freedom of expression and other relevant legal rights and duties;

• The Monitoring Officer shall provide advice on the compatibility of proposed changes with the Council’s legal obligations, including (but not limited to) those arising under Article 10 ECHR, the Human Rights Act 1998, and the Equality Act 2010;

• Procedures, guidance, and practices should be applied in a manner that is lawful, proportionate, and consistent with the Council’s wider statutory and public law duties; and

• In interpreting and applying these principles, due regard shall be had to the need to balance freedom of expression with the protection of others’ rights, the maintenance of public confidence, and the proper administration of the Council’s functions.