Councillors' code of conduct: consultation 2020

Section 6:  Lobbying and Access

6.1 I understand that I may be lobbied by a wide range of people including individuals, organisations, companies and developers and that I must distinguish between:-
a) my representative role in dealing with constituent enquiries;
b) any community engagement where I am working with local individuals and organisations to encourage their participation and involvement; and
c) lobbying, which is where I am approached by any individual or organisation who is seeking to influence me for financial gain or advantage, particularly those who are seeking to do business with the Council (for example contracts/procurement) or who are applying for a consent from the Council. 

6.2 In deciding whether to respond to such lobbying, I will always have regard to the objective test, which is whether a member of the public, with knowledge of the relevant facts, would reasonably regard my conduct as being likely to prejudice my, or the Council's, decision-making role. 

6.3 Constituent enquiries- I will comply with data protection legislation, which includes keeping the personal information of any constituent secure and only, in general, using it for the purpose of assisting with the enquiry. I will seek the constituent's consent in advance if I am in a multi-member ward and feel it is more appropriate for another councillor to handle the enquiry. I note that there may be circumstances in which it is best not to respond to a constituent, and that I am not obliged by the Code to respond to every contact. 

6.4 Community engagement - I will only undertake such work in public and will not express an opinion on a quasi-judicial or regulatory application that I might later be asked to determine. I accept that if I do express such an opinion, I will have to declare an interest and will not be able to take part in the decision-making.

6.5 Lobbying - If I am approached directly by an individual or organisation who is seeking to do business with the Council or who is involved in a quasi-judicial or regulatory matter (such as an applicant or an objector), I will either:
a) decline to meet the individual or organisation and instead will advise them to send their representations to employees; or
b) ask an appropriate Council employee, such as a planning officer, to attend any meeting with me. I will advise the individual or organisation that while I can meet and listen to their representations (with or without an employee being present), I cannot formulate an opinion or support their position if I am going to take part in the decision-making on the matter; or
c) meet with the individual or organisation and publicly support their position but will thereafter declare an interest and take no part in the decision-making on the matter.

6.6 I will not formulate an opinion or support a position if I am going to take part in the decision-making on the matter. I will direct any representations I receive to the appropriate Council employee or department.

6.7 I accept that if I choose to be an advocate for or against a particular cause or application, whether in response to lobbying or otherwise, I will forfeit my right to be a decision-maker in a regulatory or quasi-judicial decisions regarding that cause or application.

6.8 I will not lobby or otherwise exert pressure or influence on employees, other councillors, or members of a quasi-judicial or regulatory committee, to recommend or make a specific decision in respect of a quasi-judicial or regulatory matter. I understand that I am entitled to seek information from employees but that I must not to lobby them, to either make or recommend a particular decision.

6.9 I accept that political group meetings should not be used to decide how councillors should vote on such applications or on individual staffing matters, such as the appointment or discipline of employees. I will not comply with political group decisions on such matters if these differ from my own views.

Explanatory Note: Note in Guidance that lobbying refers to contact by those who are seeking to do business with the Council (for example contracts/procurement) or who are applying for a consent (or opposing a grant), from the Council. And that, as a general rule, it is unwise to engage with such lobbyists for the following reasons:-

• Direct discussions between applicants/agents and Councillors about matters which should be handled by employees, breaches the rule about not engaging in operational management. This is particularly the case where an application would normally be determined under delegated powers.
• The aim of such lobbying may be to get them to exert pressure or influence on employees, other Councillors, or on Members of a Regulatory Committee, to achieve a specific decision. This would be a breach of the Code of Conduct duty not to lobby such employees or Members of a Regulatory Committee. 
• Developers and their agents may give you selective information in favour of their proposals. Regulatory processes such as planning, licensing and appeals have legal rules on how such applications must be determined. There is a danger of these rules not being followed, by only having regard to incomplete information, or by considering irrelevant considerations;

Further explain that;

• If information is given privately to Members, it may not get to employees and may not be fully addressed in the report to Committee;
• councillors need to be aware that while commercial developers and their agents are motivated by financial gain, a councillor's priority should always be what is good for the Council area as a whole, in the long-term public interest;
• Private meetings with developers or their agents can undermine the integrity of the planning or licensing process, which relies on everything being above board, out in the open and transparent. They can also undermine public trust in the Members involved, and confidence that applications will be dealt with fairly in future; 
• If someone bidding for a Council contract seeks to influence a councillor, it is likely this will disqualify them from the tender process;
• Having a meeting may involve the offer of hospitality, which would be hard to justify against the Code's rules on acceptance of gifts and hospitality; and
• Community benefits which are not required to enable a proposal to proceed cannot be taken into account in determining an application. In particular, the promise of money to the local community (e.g. from wind turbines) can never be a consideration in deciding a planning application. This runs contrary to the principle that planning permission can never be bought or sold. Granting an application contrary to policy because of the money on offer can also result in Councillors being subject to criminal charges for bribery.