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

1 Summary

1.1 Members of the Committee will be aware that the Government has been giving consideration to a range of issues concerning standards of conduct in local government, local government in this sense is a generic term and includes the Fire Service. These have ranged from amending the existing Code of Conduct for Members as a result of experiences to date, the introduction of a statutory Code of Conduct for Officers and the respective roles of the Standards Board for England and local Standards Committees in how they deal with complaints of member misconduct. The Office of the Deputy Prime Minster (ODPM) has now issued a discussion paper which sets out the Government's vision for a future comprehensive conduct regime for both local authority members and employees. This report sets out the proposals put forward by the ODPM. A copy of the Discussion Paper can be obtained from Jeff Pattison, email [email protected] or telephone 01962 847321.

2 Background

The proposals in the discussion paper fall into three broad categories as follows:-

2.1 A simplification of the Code of Conduct for Members with the intent of making it easier for members and the public to understand. There are also, however, key proposals to change the principles underlying the current Code of Conduct, most importantly, in order to allow members to fully represent the views of their constituents even in circumstances where, under the current Code of Conduct, they may be held to have a prejudicial interest.

2.2 A change to the regime under which current procedures operate by allowing local authorities to undertake the initial sifting of complaints and determination of how they should be dealt with. There would be an expectation that more serious complaints would be referred to the Standards Board for investigation and determination. This is a significant shift from the current procedure whereby all complaints must be submitted initially to the Standards Board for England, and one which reflects the original recommendations in the Nolan Committee's report of the late 1990's.

2.3 The introduction of a Code of Conduct for all local authority employees, together with changes to the current provisions regarding politically restricted posts and also the pay levels for political assistants.

2.4 Greater detail is given as to the proposals suggested later in the report, although it needs to be noted at the outset that many of the proposals are "in principle" only and little further detail is given. Furthermore, many of the changes suggested by the Government require amendments either to primary or secondary legislation. No timescale is given as to when this amending legislation is likely to be introduced. The only commitment given by the ODPM is that this will be done when Parliamentary time permits.

3 Code of Conduct for Members

3.1 The Code of Conduct for Members of the Authority was adopted in the Spring of 2002 on the basis of a model which was applied nationally to all local authorities. Over the 12 months until October 2005, the Standards Board for England consulted on the existing Code of Conduct with a view to learning lessons from the implementation of the Code and how it could be improved for the future. In October 2005 the Standards Board made its recommendations to the Government, which has now responded in the discussion paper.

3.2 The Government has proposed amendments to be made to the Code in line with suggestions made by the Standards Board so as to:-

i) Make the Code clearer and simpler

ii) Maintain a rigorous approach to the identification of serious misconduct

iii) Amend the regime for declaring interests and speaking at Authority meetings, particularly for members who serve on other public bodies.

The intention is to support the Councillors advocacy and representational role for their constituents and the public bodies on which they serve. This is a very important and relevant issue for all members. At the present time where a member has a prejudicial interest in a matter relating to the body which she/he represents, the member is precluded not only from taking part in the debate and vote on the issue, but also from being present in the same room in which the decision is taken. The proposal is that even where a member has a prejudicial interest in such matters, for example where the matter has a direct impact on the other public body concerned, the member should be allowed to remain in the meeting to speak on behalf of the other public body or on behalf of the campaign or constituents that she/he supports and represents, but that the member should then withdraw from the meeting room before the vote is taken. This is a significant change and improvement from the current position.

iv) Making changes to the arrangements for determining whether conduct and private life should fall within the ambit of the Code.

It appears likely that most conduct of a private nature will not, when the amendments are enacted, result in the failure to comply with the Code, but that such activities will be embraced by the Code where they constitute unlawful activity.

v) Remove the current duty on members to report allegations of misconduct by other members with the intention thereby of reducing the number of vexatious complaints.

vi) Introduce a clearer balance between the need for an authority to protect genuinely confidential information and members' rights to make information available in the public interest.

vii) Introduce a specific provision to the Code to clarify that bullying behaviour constitutes a breach of the Code.

3.3 These changes are to be welcomed in providing significant and relevant improvements to the Code of Conduct particularly where they have the effect of enhancing the representational role of Councillors.

4 The local Standards Committees' and the Standards Board's role and responsibilities.

4.1 Central to the Government's proposals is a significant shift away from the current centrally based system whereby all complaints must initially be sent to the Standards Board to one in which Standards Committees will be placed at the heart of decision-making within the conduct regime. The Government takes the view that as Standards Committees are in the lead in ensuring high standards of conduct at the local level, they should also take on the initial assessment of allegations. It is intended that Monitoring Officers would undertake the investigation of most allegations and Standards Committees would make determinations in the majority of cases with only the most serious ones being referred to the Standards Board for investigation.

4.2 The Government accepts there is a need for capacity building measures and support to be provided to Standards Committees so that they are able to take on their new responsibilities. It is proposed that the Government will work closely with the Standards Board to ensure that guidance is provided on the role and responsibilities of Monitoring Officers and Standards Committees prior to their taking up these new roles.

4.3 The Government has also accepted the Graham Committee's (on Standards in Public Life) strong view that Standards Committees should be required to have an independent chair. The Government has not accepted, however, that Standards Committees should be required to have a majority of independent members.

4.4 In view of the proposals suggested for local Standards Committees, the role of the Standards Board will also change significantly. Although it will cease to have a central role for the initial receipt and assessment of complaints, it will continue to have an overarching role in the review of conduct for local government. It will continue to provide advice and guidance to authorities and assist in the maintenance of a culture of high standards of conduct. It would continue to investigate the more serious allegations made against members and it is expected that guidance will be issued as to the categories of complaints that must be referred to the Standards Board, by the local Standards Committee, for investigation.

4.5 It is also suggested that arrangements will be put in place for local Standards Committees to report, probably annually, to the Standards Board so that the Board can monitor their performance. It may be that as a consequence the Board will also be given powers to take action with regard to those Standards Committees which are perceived to be performing very poorly.

4.6 Although all of these proposed changes are to be commended not least because they have put this important matter of conduct at the local level and can thereby ensure ownership by those members most concerned with it, it will undoubtedly for some authorities create capacity and resource issues. Over the last few years, complaints have been submitted to the Standards Board at the rate of about 4,000 per annum. These are not evenly spread amongst all local authorities and therefore some may be put under greater pressure than others. One of the proposals being looked at, therefore, is the opportunity for the sharing of existing resources amongst groups of authorities. There is no suggestion of extra resources being allocated to local authorities in respect of this enhanced role.

5 Conduct of local government employees and other related matters.

5.1 Members will recollect that in 2004 the Government undertook a consultation exercise on the merits of a Code of Conduct applying to all local authority employees and using as a main basis the code, which applied to local authority members. There was a significant response to this consultation and the Governments view is that it is important to maintain high standards of conduct for local authority employees. To ensure consistency the Government propose to issue a Code of Conduct, which all employees should follow. However, the intention is that the code would set out general principles of conduct only, which would then be incorporated into each employee's contract of employment. Each local authority would then have the obligation to take ownership of the operation of the principles locally.

5.2 The Government, however, has not given any detailed reaction to the principles that might be contained within such a code. Their view is that further consideration and presumably consultation on the content of the code for employees would be needed following the detailed amendments to the members Code of Conduct. The implication is that the implementation of such a Code of Conduct for Employees is not likely to occur until some time in the future and this is to be regretted.

5.3 The Government has also given consideration to the review of political restrictions on local government employees which was another matter raised in their consultation with local authorities in 2004. There are two elements to this. The first concerns the political restrictions imposed under the Local Government and Housing Act 1989. These provide that certain named officers and others above a salary threshold were automatically deemed to fall within a category of political restriction. The effect of the provision is to prohibit employees who are in politically restricted posts from engaging in certain party political activities. The Government has indicated that it is committed to the principle of political neutrality for local government employees and will retain this. However, the Government does propose to look at the extent to which these political restrictions apply and are to consider amendments so that the restriction applies only to the most senior or the most sensitive posts. The effect of this, if implemented, would be to remove the restriction from presumably a large number of local government employees who simply cross the predetermined salary threshold.

5.4 Within the regime of political restriction covered by the Local Government and Housing Act 1989, there is a nationally appointed independent adjudicator whose role is to consider exemptions from political restrictions. The Government take the view that this role should in future be undertaken by local Standards Committees.

5.5 The other main proposal, which does not apply to the Authority, relates to the appointment of political assistants. Currently local authorities may appoint political assistants but if they do so, more than one political party must benefit. However, one restriction is that political assistants may not be paid at a rate higher than that determined by the Secretary of State, which he sets on an ad hoc basis by statutory instrument. The Government propose to reconsider this arrangement and predetermine the maximum salary that a political assistant may be paid by reference to a specific pay point within the national salary negotiating mechanism, with the pay rate subsequently being automatically enhanced in accordance with the normal negotiating processes.

6 Conclusions

6.1 Although the main principles underlying the Governments proposals are to be welcomed, it is disappointing that after a long period of consultation, the proposals contain very little detail. Once detailed proposals are formulated, further consultation will inevitably take place, with the timescale being put back further. This delay will be exacerbated by the need for many of the proposals requiring either primary or secondary legislation, which can only happen when Parliamentary time permits.

7 Recommendations

That the Committee supports the general thrust of the proposals contained within the Governments Discussion Paper: Standards of Conduct in English Local Government: The Future and requests the Office of the Deputy Prime Minister to implement the proposals as quickly as possible.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose the 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.

N.B. The list excludes:

1. Published works.


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

TITLE FILE

Discussion Paper - available from Jeff Pattison, email [email protected] or telephone 01962 847321.