Cheshire East councillors have narrowly approved a new code of conduct despite opposition from nearly half the council because it doesn’t include a right of appeal against complaints, writes Belinda Ryan.
Conservative councillors had called for the matter to be deferred, saying the working group set up to look into the new code hadn’t completed its work.
The same argument had also been put forward by some members of the audit and governance committee unsuccessfully in August.
An amendment to have the matter deferred at full council last week was narrowly defeated by 33 votes to 32, with two councillors abstaining.
The new code was then later voted through by just 35 to 31 votes – with one councillor abstaining.
The disagreement centred around whether there should be a right of appeal following complaints against councillors.
Wilmslow councillor Don Stockton (Con) said: “I believe this should go back to the sub-group for the very simple reason, [and he quoted from the report], ‘there ought to be an appeals mechanism supported by all members and until that time this code should not be approved’.”
He said someone found guilty of something should at least have the chance to appeal “and it’s not there”.
Congleton councillor David Brown (Con) said: “I think it’s a personal right of everybody in the country to have a right of appeal.
“I do not believe we would have to change local government legislation to include it… we could put an appeals clause in ourselves as was requested by the working party.”
Bunbury councillor Sarah Pochin (non-grouped) said the code, if adopted, could be used as a method of stopping councillors from publicly criticising the council and members should not accept it as it stood.
“The code of conduct we are being asked to vote through today could be used as a tool to shut a member down by claiming any criticism of the council by a member could bring the council into disrepute,” she said.
Deputy council leader Craig Browne (Alderley Edge, Ind), who was in favour of the new code, said what they were being asked to adopt was a code of conduct which had been identified by the Local Government Association as a model of best practice and adopted by the vast majority of councils across the country.
He said it would require a change of law to include an appeals process.
Crewe councillor Marilyn Houston (Lab) said the recommendation before the council was that the draft code of conduct be endorsed.
“I wish to have an updated code of conduct and I wish to see that put in place today,” she said.
Nantwich councillor Arthur Moran (Ind) said there was no right of appeal under the council’s procedure for “either party” – neither the councillor complained about, or the complainant, so both sides were treated the same.
“That’s an important point. I think that’s why we should support this code of conduct,” he said.
Following a debate lasting more than an hour, the code of conduct was adopted by 35 votes to 31.
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