Local Government Lawyer Insight July 2017 LocalGovernmentLawyer 22 • The abolition of Standards for England (previously the ‘Local Government Standards Board for England’); • A requirement for local authorities to promote and maintain high standards of conduct; • Provision for the introduction of local codes of conduct and local responsibility for investigating alleged breaches of those codes. Local authorities were to establish a code, which was to be based on the seven ‘Nolan principles’ of public life, and to specify sanctions for breaking it; • Requirements concerning how local codes of conduct should treat the registration and disclosure of pecuniary and other interests; • The creation of a new criminal offence of failing to comply with the statutory requirements for disclosure of pecuniary interests. The case for review The policy was clear - simplify the regime, remove the party political complaints, abolish Standards for England. But what we have now with the benefit of experience would benefit from fine tuning. Government will not have legislative time (or motivation) to consider this with Brexit monopolising all and any Parliamentary time. So it is up to us to make a case and propose a solution or options. The courts have criticised certain of the wording in the Localism Act 2011 underpinning the regime (see R (on the application of Taylor) v Honiton Town Council (2016)) which as a result would benefit from revisiting. However, based on my experience and comments from colleagues, I would suggest that there are three significant aspects that would benefit from improvement whilst remaining within the government's stated policy position: ● The absence of sanctions and teeth means that the regime has fallen partially at least into discredit. The assumption that members found wanting would face the consequences at the ballot box does not address the immediate issue that those who breach the rules can seemingly carry on regardless. The issue of adequate and effective sanctions to applied locally requires revisiting. ● The "old" code was explicit in relation to bullying and harassment by members. The new regime would benefit by expressly making it clear that such behaviour is unacceptable. ● The absence of explicit powers to require access to documents, to require members or officers to attend interviews or to require the member to attend a hearing would benefit from being included. This would stress the importance of high standards of behaviour. Conclusions I believe that these are gaps in the current arrangements. If you agree (or disagree) I'd like to hear from you. And if there are other matters that need changing, tell me. I will be letting Government know about this and of course updating you through this periodical. You can contact me at mheath@vwv.co.uk Mark Heath is a Consultant with Veale Wasbrough Vizards and the former Chief Operating Officer at Southampton City Council. In need of Insight at your desk? Local Government Lawyer Insight will be published four times a year and is circulated free-of-charge to all newsletter subscribers in electronic format. A single hard copy will also be circulated to all local authority legal departments in England and Wales. Additional printed copies are available for just £49.95 for four issues. Multiple copies are also available at £149.95 for five or £249.95 for 10. Payment can be made by purchase order/invoice or by credit/debit card. To order, please call 0207 239 4917 or email subs@localgovernmentlawyer.co.uk.