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 – 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

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 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 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."