Politically restricted posts

Report: 5
Date: 10 April 2008
By:t he Chief Executive

Summary

This report provides information on the forthcoming new role for standards committees in determining applications from staff for exemption from political restrictions.

A. Recommendation

That the Committee notes the contents of this report and that a further report will be submitted once the position is clearer on government guidance in relation to the Committee’s new duty to consider applications for exemption from political restrictions.

B. Supporting information

1. Section 1 of the Local Government and Housing Act 1989 restricts local authority employees in certain posts from being members of that or another local authority. This stems from the long established tradition that local government officers involved in advising elected members of their authority should be seen to observe a policy of political neutrality. These restrictions also apply to police authorities.

2. In addition to senior and statutory officer posts there are two broad categories of posts that are ‘politically restricted’:

• Those whose annual pay exceeds spinal column point 44 of the national local government pay scale (currently £36,848)
• Those officers whose duties include:
  • giving advice on a regular basis to the authority or its committees or sub-committees; and
  • speaking on behalf of the authority on a regular basis to journalists or broadcasters

3. An officer whose post is politically restricted may apply to be exempted from this. Typically this would happen where a post is caught by the pay threshold but the post holder can demonstrate that the duties do not include those outlined in (b) above. At present applications for exemptions are hard by an Independent Adjudicator appointed by the Secretary of State.

4. However, as a result of Section 202 of the Local Government and Public Involvement in Health Act 2007, the duty of the Independent Adjudicator to consider applications for exemptions will pass to Standards Committees. Section 202 is not yet in force. The Government is planning for it to come into force on 1 April 2008 but it is not clear at this stage whether this timescale will be achieved. The Government is expected to issue guidance on this new duty before it comes into force to enable Standards Committees to carry out their new duty. This will probably be based on the advice previously issues by the Independent Adjudicator.

5. The requirements of the Local Government and Housing Act 1989 apply not only to staff directly employed by the Metropolitan Police Authority but also to the 14,000 MPS police staff who, although they are under the direction and control of the Commissioner, are employed by the MPA. However, since the MPA was set up in 2000 there has probably only been one application for exemption from a member of staff.

6. In advance of government guidance it is not known whether timescales will be applied to the hearing of applications, but when an application is received it may be necessary to convene a special meeting of the committee.

7. A more detailed report will be made once government guidance has been published. At that stage changes will be needed to the committee’s terms of reference and arrangements for handling applications agreed.

C. Race and equality impact

No specific implications.

D. Financial implications

No specific implications.

D. Background papers

None

E. Contact details

Report author: Simon Vile, Head of Corporate Secretariat, MPA

For information contact:

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

Send an e-mail linking to this page

Feedback