Report of the Standards Committee

Report: 14
Date: 27 January 2005
By: Clerk

Summary

This report updates the Authority on the work of the Standards Committee.

A. Recommendation

That the Authority notes this report

B. Supporting information

Background

1. As part of its role in promoting high standards of ethical conduct by the Authority and its members, the Standards Committee reports its proceedings to the full Authority. The Committee met on 13 December 2004 and this report highlights some of the issues discussed at that meeting.

Standards Indicators

2. One of the recommendations of the Audit Commission’s review of the MPA ‘Setting High Ethical Standards’ was that the Authority ‘undertake an assessment of standards of conduct at the MPA so that an appropriate programme of activity can be developed’.

3. In response to this the Standards Committee has approved the development of a set of indicators that give some measure of what can broadly be described as ethical / good practice standards in the MPA. Some of these relate specifically to member conduct and others to the organisation as a whole. These indicators will be reported to each meeting of the Standards Committee or at six-monthly intervals. The Committee would then be able to identify any areas of concern and explore how these might be addressed. Some issues would be for the Standards Committee to take forward, others would be referred to the appropriate committee, such as the Corporate Governance Committee, Human Resources Committee or the Equal Opportunities and Diversity Board.

4. The indicators are set out below:

Indicators of member standards

1. Number of allegations accepted for investigation by the Standards Board for England. This would include the outcome of investigations
2. Number of members who have recorded changes to the register of member interests held by the Authority
3. Number of declarations of interest (prejudicial and non-prejudicial) declared at meetings
4. Number of hospitality declarations made

Items 2, 3 and 4 can be indicators of how actively members take account of the requirements of the Code of Conduct. Arguably, the more changes / declarations made the more members are showing an awareness of ethical considerations

5. Percentage member attendance at MPA committee meetings

Organisation indicators

6. Number of complaints dealt with under the MPA’s own complaints procedure
7. Number of complaints investigated by the Local Government Ombudsman
8. Number of complaints investigated by the Information Commissioner (relating to the Freedom of Information and Data Protection Acts)
9. Number of upheld objections to the Audit Commission in relation to the Authority’s accounts

These indicators would also include details of outcome and of any corrective action taken by the MPA during the period in question

10. Number of staff grievances made under the Grievance Procedure
11. Number of Employment Tribunals initiated
12. Number of whistle blowing cases (the Authority is currently developing its whistle blowing procedure)
13. Number of disciplinary proceedings against officers for misconduct

These would include details of outcome of any cases settled during the period in question but would not contain any details of individual cases.

14. Industrial action taken or notified by MPA staff
15. Internal or External Audit reports during the period relating to matters of probity

Members allowances and expenses 2003/04

5. The Committee received a statement of the allowances and expenses paid to MPA members in the financial year 2003/04, which is attached at Appendix 1. Payments are made in accordance with the Authority’s schemes for members’ allowances and expenses, which can be viewed on the Authority’s website – www.mpa.gov.uk. Expenses are the refund of reasonable costs actually incurred by members in the course of their Authority business. Allowances are only paid to Magistrate and Independent members. London Assembly members are not able to claim allowances as they are remunerated by the Greater London Authority.

Local investigations

6. The Committee received a report on new regulations that enable an Ethical Standards Officer (the officer appointed by the Standards Board for England to investigate allegations) to refer these allegations for investigation by the Monitoring Officer of the Authority concerned. The Monitoring Officer would then report to the Authority’s Standards Committee for determination.

7. The Ethical Standards Officer (ESO) is likely to refer cases to the Monitoring Officer in the following circumstances:

• the matter does not appear to need the heavier penalties available only to the Adjudication Panel for England
• the allegation is of an entirely local nature and does not raise matters of principle
• the initial investigation by an ESO has highlighted issues that are more to do with the effective governance of the authority than an individual's misconduct

8. If the Standards Committee finds that a member has failed to follow the Code of Conduct, it can impose a number of penalties. The scope of these penalties has been expanded by the most recent regulations and now provide additional penalties and greater flexibility for standards committees. They apply both to cases investigated locally and to those investigated by an ESO before being sent to the standards committee for local determination. Standards committees can do one, or any combination, of the following:

• censure the member
• restrict the member's access to the premises and resources of the authority for up to three months, ensuring that any restrictions are proportionate to the nature of the breach and do not unduly restrict the member's ability to perform his or her duties
• order the member to submit a written apology in a form satisfactory to the standards committee
• order the member to undertake training specified by the standards committee
• order the member to participate in a conciliation process
• suspend, or partially suspend, the member for up to three months
• suspend, or partially suspend, the member for up to three months, or until such time as the member submits a written apology that is accepted by the standards committee
• suspend, or partially suspend, the member for up to three months, or until such time as the member undertakes any training or conciliation ordered by the standards committee.

Staff Code of Conduct

9. The Committee received a report on a draft Staff Code of Conduct that has recently been the subject of consultation by the Office of the Deputy Prime Minister. The Members’ Code of Conduct has been in place since 2002. The proposed code of conduct for staff is the other part of the equation that seeks to establish a common core of fundamental values to underpin standards of conduct in local government.

10. The content of the Staff Code of Conduct is very similar to that of the Members’ Code and is largely uncontentious. It is worth noting, however, that as currently drafted it appears that the Code would apply not just to direct employees of police authorities but all police staff (not police officers), including those under the direction and control of chief officers (or the Commissioner in the case of the MPS). The specific exception is Police Community Support Officers, as the Home Office intends to produce a separate code for them.

C. Equality and diversity implications

Any implications were addressed in the individual reports to the Standards Committee.

D. Financial implications

None.

E. Background papers

Reports to the Standards Committee, 13 December 2004

F. Contact details

Report author: Simon Vile

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: Members Allowances & Expenses 1 April 2003 – 31 March 2004

*Some conference travel expenses could be shown in the ** column

# independent members of the Standards Committee

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