Transcript DEVOLUTION OF ETHICAL STANDARDS/CODE OF CONDUCT …

DEVOLUTION OF ETHICAL
STANDARDS/CODE OF
CONDUCT CHANGES
JAMES FINDLAY
2-3 GRAY’S INN SQUARE
Graham Committee
• The Graham Committee on Standards in
Public Life reported in 2005
• Standards would be more likely to be
guaranteed if decision making on conduct
issues was devolved to the greatest extent
possible to the local level.
Section 3: White Paper
• STRONG AND PROSPEROUS
COMMUNITIES – 26.10.06
• Section 3: EFFECTIVE & ACCOUNTABLE
& RESPONSIVE LOCAL GOVERNMENT
• establishing a new locally based
conduct regime with a streamlined
Standards Board having a refocused role
as a “light touch” regulator
• Paragraphs 3.46-3.49
White Paper
Promises legislation to provide
• a more locally-based regime, with local
standards committees making initial
assessments of misconduct allegations
and most investigations and decisions
made at local level;
• a revised strategic regulatory role for the
Standards Board to provide supervision,
support and guidance for local authorities
and ensure consistent standards.
COMMUNITY CHAMPIONS!
• We will also put in place a clearer, simpler
and more proportionate code of conduct
for local authority members and a new
code for employees. Changes to the
members’ code will include amending the
rules on personal and prejudicial interests
to remove the current barriers to
councillors speaking up for their
constituents or for the public bodies on
which they have been appointed to serve.
COMMUNITY CHAMPIONS
• So, for example, in future members of a
planning or licensing committee will have
more opportunities to represent their
constituents on planning or licensing
issues that affect their wards. Members
will be able to speak and vote on such
issues unless their interests in the matter
are greater than those of most other
people in the ward.
WHAT ABOUT RICHARDSON?
• RICHARDSON v. NORTH YORKSHIRE
[2003] EWCA Civ 1860
• A member cannot attend in private
capacity if he/she has a prejudicial
interest.
LOCAL GOVERNMENT AND
PUBLIC INVOLVEMENT IN
HEALTH BILL
• Introduced 12.12.06
• Part 9 deals with Ethical Standards.
• The measures provide for local standards
committees to make initial assessments of
misconduct allegations and for review
arrangements for those assessments which lead
to no action being taken. The provisions also
give powers for the Standards Board to suspend
a standards committee's role in making initial
assessments of allegations, and for the Board to
issue guidance to standards committees and
ethical standards officers.
EXTENSION TO CONDUCT
COVERED
• Amendments are made to sections 49, 50, 51
and 52 of the Local Government Act 2000 to
provide that the principles which govern the
conduct of members and co-opted members of
relevant authorities and the provisions of the
code of conduct which they are required to
follow, are not limited only to members' conduct
in their official capacity. It is possible that this
provision may engage Articles 8 and 10 of the
European Convention on Human Rights.
CHANGE IN ROLE FOR BOARD
• 57A of the Local Government Act 2000 provides
for individual local standards committees of
authorities to undertake the role currently
exercised by the Standards Board for England of
conducting the initial assessment of allegations
of misconduct which relate to one of their
members or co-opted members. It sets out the
courses of action open to a standards committee
where such an allegation is received. The
options are either to refer the allegation to the
authority's monitoring officer for consideration; to
refer the allegation to the Standards Board; or to
take no action in respect of the complaint.
LAY CHAIRS OF STANDARDS
COMMITTEES
• Section 53(4) of the Local Government Act
2000 is amended to provide that standards
committees of authorities should be
chaired by a person who is neither a
member nor an officer of a relevant
authority.
AMENDING THE CODE
• 15.12.05 GOVERNMENT ANNOUNCES
IT ACCEPTS ALL STANDARDS BOARD
RECOMMENDATIONS
• Why are we waiting?
AMENDING THE CODE
Personal and prejudicial interests
• There should be greater support for the
councillor’s role as an advocate for
their community.
• There should be a reduction in the
number of personal interests which
need to be declared.
• There should be greater local
discretion to grant dispensations.
AMENDING THE CODE
• Members should be able to disclose
information in the public interest.
• Certain behaviour outside of official duties
should continue to be regulated but it should
be limited to unlawful activities.
• Serious misuse of resources, particularly for
political benefit, should be regulated
nationally.
• The duty to report breaches should be
abolished.
CARELESS TALK GETS TO
COURT OF APPEAL
• National Assembly for Wales v Condron &
anr [2006] EWCA Civ 1573
• Carwyn Jones was 'going to go with the
Inspector's Report'.
• Matters have to be set in context and
context is broad.
• "Impartiality consists in the absence of a
predisposition to favour the interests of
either side in the dispute."