Standards committee

Report: 16
Date: 19 April 2001
By: Clerk

Summary

This report proposes the establishment of a Standards Committee, as required by the Local Government Act 2000, and requests authority to put in hand the selection of an independent member or members of this committee.

A. Recommendations

1. That the Authority agrees to establish a standards committee with the terms of reference proposed in paragraph three of this report.
2. That the MPA membership of the committee be appointed (a committee of four members is suggested, one of whom must be independent of the Authority).
3. That these members constitute the selection panel for the recruitment of the independent member or members. and
4. That the Clerk be authorised, in consultation with the members of the selection panel, to progress the recruitment of an independent member or members, including the placing of advertisments and arrangements for interview and selection.

B. Supporting information

1. Background

Under the Local Government Act 2000, all relevant authorities in England (including the MPA) are required to establish a standards committee to promote and maintain high standards of conduct in the authority and to assist the authority's members in observing the authority's code of conduct. Standards committees will not have a disciplinary function. Of immediate relevance, the standards committee will be required to advise the Authority on the adoption of a members' code of conduct (see separate report elsewhere on the agenda for this meeting).

The government will shortly be issuing regulations governing the committees' composition and procedures. However, the Authority may wish to establish a committee now on the basis of what is very likely to be specified, so that:

• the necessary steps to recruit an independent member (or members) of the committee can be taken; and
• the committee can develop a members' code of conduct for the Authority once the Government has issued a model code in May or June this year.

2. Terms of Reference

The following terms of reference are proposed for the committee. These include the functions required in the Local Government Act 2000:

• the promotion and maintenance of high standards of conduct by members of the Authority;
• to advise the Authority on the adoption or revision of its code of conduct;
• to monitor the operation of the authority's code of conduct;
• to assist members in observing the code of conduct, including arrangements for training on matters relating to the code of conduct;
• to advise the Authority on liaison arrangements with the Standards Board for England; and
• in accordance with any statutory requirements, to monitor and advise the Authority on compliance with the requirements for registration of interests and registers of gifts and hospitality.

The committee will probably need to meet no more than quarterly, although more frequent meetings might be required at first to consider the code of conduct and related issues.

3. Membership

By law standards committees must have a minimum of three members. The government appears minded not to set an upper limit on the membership, although it suggests that effective standards committees are likely to be fairly small.

Standards committees must include at least one person who is independent of the Authority. An independent member cannot:

• be a member or officer of the authority or any other relevant authority;
• be related to or have a close friendship or relationship with a member or officer of the authority, which might reasonably be thought to prejudice the person's independence;
• be a co-opted member of a committee or sub-committee (other than a standards committee) of a relevant authority.

The Government is likely to require that 25 per cent of the committee membership is composed of independent members, i.e. one independent member in a committee of four, or two independent members in a committee of five to eight members. The Authority may feel that a committee of four would be appropriate. It may also wish to achieve a balance in its membership between GLA, independent and magistrate members.

4. Appointment of independent members

The government is likely to require authorities to advertise for independent members in at least two local newspapers covering the authority's area, including, where they publish one, the authority's own newspaper. As the Greater London Authority and the London Fire & Emergency Planning Authority must also establish standards committees, there may be scope for a joint advertisement.

All applications should be considered by a selection panel – the Government does not intend to regulate on the composition or process for this panel. The Authority may feel that this role could appropriately be carried out by its members appointed to the standards committee. The selection panel's recommendation on the appointment of an independent member must be agreed by at least 75 per cent of the full Authority.

It is proposed that the Clerk be authorised, in consultation with the MPA members appointed to the standards committee, to progress the recruitment of an independent member or members, including the placing of advertisments and arrangements for interview and selection.

C. Financial implications

The cost of placing advertisements could be £10,000 or more, depending on the newspapers they are placed in. This is an unavoidable cost, given the government's requirements.

D. Background papers

• DETR consultation paper on standards committees

C. Contact details

The author of the report is Simon Vile, Head of Secretariat.

For information contact:

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

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