Monitoring Officer Report Monitoring Officer Report April 2018 13 applying sufficient resources to code of conduct issues. They still considered themselves to be “better off” than their English counterparts, though. So what can be done to improve matters in England? Some respondents were sceptical that training members made a significant difference. “Training a member who has been a member for years, who comes along and says the right things and then walks away intending to carry on in the same way is not an effective tool,” suggested one. For many, high on the wish-list instead would be the re-introduction of an ability to impose meaningful sanctions, particularly for repeated bad behaviour. “Either have a proper system with real sanctions or remove the requirement to have arrangements in place to handle complaints,” suggested one respondent. Powers of suspension, used judiciously, could “incentivise people to improve their behaviour,” wrote one respondent. Public confidence in the standards regime will be reduced further if this particular sanction is not reintroduced, added another, who said “there is currently no medium range sanction between criminalisation through the pecuniary interest regime and the common law ‘Lashley’ principles”. The ability to suspend for up to six months would be useful and appropriate, said another. A standard code of code of conduct across the country for all tiers of local government would meanwhile provide consistency, it was argued, and boost public confidence. Reform to the regime for “disclosable pecuniary interests” would be welcome too. “The DPI regime means that even failure to declare a minor interest becomes a criminal matter which can seem heavy handed and lead to a referral to the police which may seem over the top,” reported one respondent. It will therefore be interesting to see what the Committee on Standards in Public Life concludes later this year, following its review. The current Secretary of State for Housing, Communities and Local Government, Sajid Javid, has already shown that in some areas – such as local government reorganisation – he is prepared to depart from the more rigid outlook of one of his predecessors, Eric Pickles, the architect of the current regime who felt that the ballot box was the main way to punish councillors’ poor behaviour. We shall have to wait and see. Independents day One important finding from the survey is that the role of the ‘independent person’ (IP) – introduced through the Localism Act 2011 – in the handling of complaints about elected members has the support of most respondents. Almost half (47%) consider these arrangements to be working very well, and a further 44% say they are working well with just a few problems. “This has been a real positive from the Act,” reported one respondent. Another said their authority used the IP “at all stages and that is really helpful in supporting the MO and providing transparency in the process”. As with any such role, it is often the qualities of the relevant individual that matter. “We are fortunate that our IP is strong,” said one respondent, while another praised their IPs for being “two good independents who provide a useful perspective”. Recruitment can “often be difficult”, though. Fewer than 10% say there are multiple problems with the role or that it is dysfunctional. “The role serves no useful purpose,” claimed one respondent. If there is an issue, it appears more to be a case that the independent persons are left to twiddle their thumbs and it can accordingly be difficult to keep them engaged. “Generally, there is not enough for them to do,” said one respondent, while another suggested they were “rarely called upon”. One respondent said they had mixed views about the role: “We have very few complaints of real substance and the independent person role often seems like an irrelevance. That said in one case having her present at and chair the hearing was very helpful.” Another reported that there was “no real traction with the process, and I see them twice a year to discuss the role and issues. They are never contacted by members going through the process and generally they feel they have little to add to the process. They quite like coming in for the biscuits in my office!”