Contact: Jeff Pattison, ext 7321, email: [email protected]

1 Summary

1.1 A consultation paper has been received by the Office of the Deputy Prime Minister (ODPM) concerning a review of the regulatory framework governing the political activities of local government employees. The paper covers the discrete areas of:-

· Restrictions on Council employee's political activities generally

· The role of the independent adjudicator

· Political assistants

· Employees as elected members

1.2 This report which is consistent with Aim 6 of the County Council's Corporate Strategy "Developing Councillors and Staff" sets out a draft response to the proposals contained within the consultation paper for members' consideration.

1.3 The Office of the Deputy Prime Minster require responses to the consultation paper by 19 November 2004. The intention is to use this report as the County Council's response together with any further comments that members wish to raise.

2 Governments proposals for the review of the political activities of local government employees

2.1 Restrictions on Council employee's political activities

As members will be fully aware, those posts which are politically restricted include the Chief Executive, all chief and deputy chief officers, the monitoring officer, political assistants and any person whose salary currently exceeds £32,127. It also embraces those who give advice to the authority on a regular basis or who speak to journalists or broadcasters on behalf of the authority.

The restrictions on the political activity of those occupying politically restricted posts means that the post holder must not:-

(i) Announce an intention to be a candidate for election to the House of Commons, the European Parliament or local authority;

(ii) Act as an election agent or sub agent;

(iii) Be an officer or committee member of a political party if this involves general management;

(iv) Canvass on behalf of a political party or candidate for election.

These provisions have been in force since the Local Government and Housing Act 1989. They are, therefore, firmly embedded into the local government culture and well understood. The principle behind these provisions is to ensure that a politically impartial workforce can and does command the confidence of members of all political persuasions. It should also command a similar perception on behalf of the general public.

ODPM suggestions

Although the Government does not consider it appropriate to alter the type of posts subject to political restriction, they do ask the question as to whether or not it would be appropriate to raise the salary threshold for determining whether posts are politically restricted. This would obviously have the effect of reducing the number of posts affected. They also contemplate whether or not it would be appropriate to allow local government employees to participate in national rather than local politics and whether or not it would be feasible to grant general exceptions from political restrictions for holders of certain posts or alter the criteria so that applications to the independent adjudicator for the relaxation of these provisions might be more capable of being granted.

Comment

It is suggested that the existing provisions, having been in existence for 15 years, are well understood by those employees to which they apply. Furthermore although there was an initial challenge to the introduction of these provisions to the European Court on human rights grounds, this challenge was unsuccessful. The perception is that for the vast majority of employees affected by these provisions, it is not a major area of concern for them. Within the County Council the financial threshold at which political restriction applies is to all Hampshire management graded staff. It is suggested, therefore, that this is an appropriate financial threshold for these political restrictions to apply within the County Council, but that it should be updated annually.

The perception that these existing provisions are accepted by local government staff is perhaps reinforced by the fact that the independent adjudicator (referred to later in this report and one of whose roles includes granting exemptions from political restriction) considered only 23 such applications in 2003 (21 of which were granted).

It is therefore recommended that the existing provisions including the financial threshold at which they should apply, should continue without change.

2.2 Independent adjudicator

The independent adjudicator is appointed by the Secretary of State and his role includes considering applications from local authority employees for exemption from political restriction, issuing directions to local authorities requiring posts to be included in the list of politically restricted posts and giving general advice. As mentioned in the previous section, the independent adjudicator considered only 23 applications for exemption in 2003.

ODPM suggestions

The ODPM suggest two alternatives to the current arrangements. The first is that requests for exemption from political restrictions could be undertaken by the local authority's monitoring officer who has other responsibilities which are similar in maintaining standards of conduct. The alternative is for this role to be carried out by the Standards Board for England, although currently it has no role in respect of employees.

Comment

The role of the independent adjudicator is with respect, a Cinderella one. Very little information issues from the independent adjudicator and as noted above very few applications for exemption are considered by him. It would appear unnecessary to continue with this role which it is suggested could be carried out by the local authority's monitoring officer. This is unlikely to result in much, if any, additional work for the vast majority of monitoring officers.

2.3 Political assistants

As members will be fully aware, under the Local Government and Housing Act, the authority may if it chooses, appoint up to three persons to be employed as political assistants to work with the three main political parties of an authority. Hampshire County Council makes no such appointments and therefore the suggestions posed within this part of the consultation paper are, for time being, academic.

Although the normal political restrictions do apply to political assistants, there are two exceptions which allow them to speak to the public with the intention of effecting support for a political party and to publish material intended to affect political support for a political party. There are, however, other restrictions which apply to political assistants, perhaps the most important of which is that there is a statutorily set limit on their annual rate of remuneration. This was originally set at £13,500 which was then equivalent to spinal column point 44, i.e., the same point as referred to under the section of the report headed "Restriction on Council employees". However, the annual limit has not kept pace with this and is currently £25,044 as contrasted with the figure of £32,127 which currently equates with spinal column point 44.

ODPM suggestions

The ODPM put forward a range of suggestions. The first relates to the pay rates applicable to political assistants which could be identified by the local authority itself, by reference to a specific point within the National Joint Council's scheme of pay or the existing arrangements could be continued. On this point, it is suggested that to maintain confidence in political assistants appointed, there should be a nationally set cap on salaries. This should be maintained and equate with spinal column point 44 of the National Joint Council's scheme. This figure should be kept fully up to date. To do so would represent consistency and openness on a national level and avoid any suggestions of over inflated salaries in these circumstances being said to be awarded to "jobs for the boys".

There is also a suggestion as to whether or not the current political restrictions on political assistant posts should be maintained. As these posts are quite clearly filled, taking into account the political persuasion of the person appointed and fulfil a role only towards one political party, it appears to be contradictory to suggest that the post holder cannot engage in the normal range of political activities on behalf of that party. It is therefore suggested that political assistants should not be subject to any of the restrictions covering politically restricted posts. In this context, it should be borne in mind that their salary level would be below the minimum at which other officers of a local authority would be subjected to political restriction.

2.4 Employees as elected members

The Local Government Act 1972 prohibits Councillors from becoming employees of the same Council. However, subject to the restrictions on Council employees political activities mentioned previously in this report, they may, as an employee of one local authority, be a member of another. An employee of one local authority who is a member of another is entitled to a maximum of 208 hours per year of paid leave for carrying out their duties as an elected member of another authority. These restrictions were imposed to prevent the abuse known as "twin tracking" and came out of recommendations from the Widdicombe report.

ODPM suggestions

With these provisions, the ODPM merely asks whether the current number of paid hours should be increased or decreased and whether or not the current rules preventing Councillors from being officers of the same authority, should be revised or deleted.

Comment

This is perhaps an area which is more appropriate for members to comment upon. However, it should be borne in mind that the recommendations of the Widdicombe report to introduce these restrictions did come about as a result of perceived abuse, albeit in a small number of local authorities. The difficulty for local authorities generally and the point taken into account by the Widdicombe report, was that, even though these abuses took place only in a small number of authorities, the adverse public perception applied to all local authorities. In these circumstances and to protect the integrity of all local authorities and all members represented on them, it is suggested that the current provisions are both appropriate and proportionate and should not be changed.

2 Conclusion

3.1 This report sets out the current framework governing the political activities of local government employees and suggestions from the Office of the Deputy Prime Minister for ways in which they might be changed. The report sets out those suggestions, supplies commentary to them and suggests that the report, together with comments made by members of the Committee, should be forwarded to the Office of the Deputy Prime Minister as the County Council's response to the consultation paper.

3 Recommendation

That the Standards Committee endorses the comments made in this report on the consultation paper received from the Office of the Deputy Prime Minister concerning the regulatory framework governing the political activities of local government employees and submits these to the Government as the County Council's response, together with any further comments that members may wish to make.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published Works

2. Documents which disclose exempt or confidential information as defined in the Act.

None.