Report of the MPA Standards Committee

Report: 10
Date: 27 April 2006
By: Chief Executive and Clerk

Summary

This report outlines matters considered at the recent meeting of the Authority’s Standards Committee.

A. Recommendation

That the Authority receives the report of the Standards Committee.

B. Supporting information

1. The MPA’s Standards Committee met on 16 March 2006. This report summarises the main issues considered at that meeting. The agenda and reports of that meeting are available on the MPA website.

Government proposals for changes to the ethical framework

2. The Office of the Deputy Prime Minister (ODPM) has published a discussion document ‘Standards of Conduct in English Local Government: the Future’

3. This does not make detailed recommendations but sets out a vision for a future regime. However, if this vision is translated into reality it will mean some quite significant changes to the framework. In summary these are:

• A clearer, simpler code of conduct, including changes to the rules relating to personal and prejudicial interests.
• The initial assessment of all misconduct allegations to be undertaken locally by standards committees rather than the Standards Board.
• Local standards committees to be responsible for investigating and determining most cases.
• The Standards Board to adopt a more strategic, advisory and monitoring role, whilst retaining responsibility for investigating the most serious misconduct allegations.
• Improvements to the operation and composition of local standards committees, with independent chairs, and committees to include independent members with a balance of experience.

4. The government now considers that standards committees should be at the heart of decision-making within the conduct regime. This represents a major boost for the role of standards committees with the proposal that all misconduct allegations should be routed locally through them and investigated and determined locally, with the Standards Board only becoming involved in the most serious cases. This could also enable a more flexible approach with the opportunity for mediation to avoid the need for formal allegations over minor matters. The government considers that the chair of standards committees should be an independent member. It recognises that some authorities experience difficulties in recruiting independent members and that any increase in the independent membership of committees will compound this problem. It suggests that it may enable some authorities to combine their standards committees to achieve economies of scale.

5. Most of the changes outlined by the government will require primary legislation (see below) – and the intention is to “seek primary legislation at the next convenient opportunity as Parliamentary time allows.” Primary legislation will be required for:

• Local assessment, investigation and determination of most cases.
• Redefinition of the role of the Standards Board to support, monitor and oversee authorities’ performance and only investigating the most serious cases.
• Intervention powers for the Standards Board when they consider a local standards committee is not operating effectively.
• New provisions providing powers for standards committees to impose higher penalties to reflect the need for them to address more serious cases than at present.

The following can be introduced by way of secondary legislation:

• All committee chairs to be independent and committees to include independent members who reflect a balance of experience.
• Monitoring/reporting requirements for standards committees so that the Standards Board can check on progress.

6. The Standards Committee received this report and welcomed the Government’s direction of travel, particularly in placing the focus for investigation and resolution of complaints on local standards committees.

Independent Member recruitment

7. By law, at least a quarter of the membership of the Standards Committee must consist of people who are not members of the MPA. These are known as Independent Members of the Standards Committee. The MPA’s Standards Committee has two such members, who were appointed in 2002 and in line with Nolan principles the Standards Committee has agreed to a recruitment process for the next four-year term.

8. There has been a joint exercise with the London Fire & Emergency Planning Authority, which is also required to have a standards committee. There has been a joint advertisement and, if candidates wish, they can apply for a position with both Authorities. However, each Authority will conduct its own selection process. The closing date for applications is on 21 April 2006. MPA members of the Standards Committee will interview candidates in late May and the Authority will be asked to confirm the appointments at its Annual Meeting in June.

Procedure for the local determination of allegations against MPA Members under the Code of Conduct

9. Standards Committees are now responsible for hearing and making local determinations in the following situations:

• Where an Ethical Standards Officer appointed by the Standards Board for England has investigated an alleged breach of the Code of Conduct and his/her report has been referred to the Standards Committee for determination.
• Where an Ethical Standards Officer has decided that the investigation should be carried out by the MPA’s Monitoring Officer and reported to the Standards Committee.

10. The Standards Committee has now considered and agreed a procedure that covers both these situations. This procedure has been prepared using the regulations and supporting guidance from the Standards Board for England. It is largely based on the Greater London Authority’s procedure.

11. Some of the headline issues in the procedure are:

• A hearing must be held within three months of receipt of the investigation report.
• The hearing should be held in public unless the member who is the subject of the complaint wants any part of the hearing to be held in private, or any of the documents treated as exempt. This would have to be justified by reference to the exemptions in the Local Government Act 1972.
• The Hearing Panel to be chaired by a Standards Committee Independent Member and to consist in total of five members of the Standards Committee, including both Independent Standards Committee members.
• A member of the Standards Committee cannot sit on the Panel if he/she is the subject of the allegation or has first-hand involvement in the case (for instance as the complainant or by providing a statement or evidence to the investigator).
• If the Panel finds that the Member breached the Code of Conduct it has a range sanctions available to them, from no action through to suspension for a period of three months.

12. In approving this procedure, the Standards Committee recognised that training and guidance will be required for both members of the Standards Committee and for all other members of the Authority.

C. Race and equality impact

Equalities issues were addressed in the individual reports to the Standards Committee.

D. Financial implications

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

E. Background papers

None

F. Contact details

Report author: Simon Vile, MPA

For more information contact:

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

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