Standards of conduct in English local government: the future

Report: 6
Date: 16 March 2006
By: the Chief Executive and Clerk

Summary

This report summarises the Government’s proposals in their discussion paper ‘Standards of Conduct in English Local Government: the Future’.

A. Recommendation

That the Committee considers whether it wishes to comment on the changes proposed by the Government to the ethical framework governing the conduct of members and proposals in relation to local authority employees.

B. Supporting information

Members’ conduct regime

1. Members may recall that at the request of the Government, last year the Standards Board for England (SBE) carried out a review of the Model Code of Conduct, to:

• review the effectiveness of the Code
• explore ways to clarify, improve or simplify it

2. The MPA Standards Committee considered its response to the SBE consultation at its meeting in May 2005.

3. The SBE made its recommendations to the Office of the Deputy Prime Minister (ODPM) in September 2005. The ODPM have taken the opportunity to consider at the same time reports produced by two other bodies covering similar ground:

• Chapter 3 of the 10th report of the Committee on Standards in Public Life (January 2004)
• The report of the ODPM Select Committee on the role and effectiveness of the Standards Board for England (April 2005)

4. The ODPM has now published a discussion document ‘Standards of Conduct in English Local Government: The Future.’ This can be accessed on the ODPM website: www.odpm.gov.uk/index.asp?id=1162582. 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

5. In respect of changes to the Code of Conduct, these are likely to include:

• Changing the rules for declaring interests and speaking at meetings, particularly for members who also serve on other public bodies
• Changing the rules on reporting allegations to reduce vexatious complaints, particularly by removing the requirement for members to report possible breaches of the code by other members
• Getting a clearer balance between the need to protect genuinely confidential information and members’ right to make information available in the public interest, in the light of the provisions of the Freedom of Information Act
• A specific provision to make bullying a breach of the code

6. 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 suggests that there will need to be some capacity building to enable standards committees to take on this role and to ensure that they are properly supported. The government agrees with the report of the Committee on Standards in Public Life that the chair of standards committees should be an independent member but does not agree that the majority of committee members should be independent appointments. The government 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.

7. 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

Code of conduct for employees

8. The ODPM has also considered the results of consultation on its proposals for a model code of conduct for local government employees and other matters. Some of these are not relevant to police authorities. The Government is minded to keep the current framework restricting the political activities of senior staff but will consider amending the rules to ensure that the restrictions apply only to the most senior or sensitive posts. It is also considering abolishing the Independent Adjudicator for political restrictions and delegating his role to local standards committees.

9. Responses to the consultation on a statutory code of conduct for local government employees were divided as to the benefits. The government is undecided at present, therefore, on whether to proceed with this. If it does, however, the code is not likely to apply to police authorities – as the Standards Committee pointed out in its response to the consultation this would impact not only on staff directly employed by the police authority but also police staff including those under the direction and control of the Commissioner.

C. Race and equality impact

There are no direct implications in the ODPM discussion paper. Implicit in all changes to the conduct regime is the continued requirement that:

• Authority members respect diversity and comply with equality legislation
• In its work, the Standards Committee demonstrates the Authority’s commitment to equalities principles. This is particularly important when it is acting in a quasi-judicial role, investigating alleged member misconduct

D. Financial implications

None.

D. Background papers

None

E. Contact details

Report author: Simon Vile, MPA.

For information contact:

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

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