Deputy Head of Legal & Monitoring Officer introduced the report explaining to the Committee, that 'Purdah' was a political convention, which formally applied to government ministers and civil servants in central government during the period immediately before a general election, which was designed to prevent actions being taken by government or local authorities in the run up to an election being used (or perceived to be used) to influence the outcome of an election. It was added that during this time the Council (staff and councillors) should, unless circumstances dictate otherwise, refrain from taking decisions or making policy announcements which are significant and may be viewed as politically contentious.

The Committee were enlightened that the restriction on decision making was largely a political convention, which was confirmed in the Local Government Association’ 2015 guidance “Purdah: A short guide to publicity during the pre-election period” councils can, “continue to discharge normal council business (including determining planning applications, even if they are controversial).”

The Committee were requested to review the following advice and guidance in relation to press releases;

·                    that all press releases will be signed off by legal and the Chief Executive during a pre-election,

·                    that in the vast majority of such releases a lead officer should be used instead of a Member;

·                    that where a Member is used for civic announcements or where there is a genuine need for a Member level response - such as an emergency situation or an important event beyond the Authority’s control - in such special cases the Mayor can be used in line with the flexibility acknowledged in the code;

Councillor Stewart questioned what the consequences would be if the pre-election guidance was not adhered to in order to receive political gain, the Deputy Head of Legal & Monitoring Officer explained that this would potentially ground a challenge at the Election Court.

Councillor Snell queried if the ‘Committee’ could be referred to in press releases, The Committee were informed that press releases could and will continue during purdah but the main difference were that they will not quote or be in the name of councillors but rather will quote senior managers and be checked for controversiality.

The Chair of the Committee made the point that decisions about the cancellation of meetings should be made pragmatically, and that there had historically been an over excessive application of the purdah convention, giving examples where meetings where cancelled which had business not related to the ward where an election was taking place.

Councillor Snell questioned how press releases would be monitored; the Deputy Head of Legal & Monitoring Officer explained that an audit log of communications during purdah could be created.

The Corporate O & S Committee suggested that the Standards and Audit Committee acknowledge the following points.

·                     It was suggested that all media releases communicated by council during pre-election periods are to be collated and reviewed at the proceeding Standards and Audit Committee, after the said election, to ensure that there has been consistent application of the 2011 code of practice. The Monitoring officer agreed that this was possible.

·                     The Chair noted that between the Chief Executive, the Monitoring Officer, and the leaders of all political groups look to review all meetings inside a purdah window and make a pragmatic, reasoned decision about what meetings and agenda items can continue to proceed during purdah.

RESOLVED:

That comments made by the Committee through the discussion of the current Pre-Election Period guidance are taken into consideration when the guidance for the 2016 elections is prepared