| SPOTLIGHT |
The laws on bias and predetermination are to be clarified in the forthcoming Localism Bill in a move designed to see fewer decisions by councillors being challenged or overturned, ministers have announced.
Under the proposed changes, the Department for Communities and Local Government said, councillors “can be very clear and discuss freely their view and voting intention and publicise their views as they see fit”. However, the Department added that councillors “must be prepared to listen to arguments and evidence before making their decision”.
Communities Secretary Eric Pickles said he wanted to inject “common sense” back into the system, and ensure councillors feel confident that they can campaign on local issues and champion the rights of residents.
The move is part of a shake-up that will see the scrapping of the Model Code of Conduct, which was set up by the Standards Board for England in 2000.
According to the DCLG, ministers believe that the existing regime has left many councillors “uncertain about whether they have the freedom to speak and vote on the very issues on which they campaigned and were elected to represent their constituents”.
The Communities Secretary is also proposing the introduction of criminal sanctions as a tougher deterrent than the Standards Board regime. The failure to register a personal interest or deliberately seeking to mislead the public about an interest impacting on council business “could result in a court case, criminal conviction, fine or a ban on serving as a councillor”.
Pickles said: "This unnecessary bureaucracy restricting freedom of speech and preventing councillors from championing local issues like opposing damaging developments or higher parking charges is being replaced with real openness and transparency in how councils spend taxpayers' money and how decisions are made."
Local Government Minister Grant Shapps claimed the changes would be “a shot in the arm to local democracy, give councillors the certainty they need to get on and do their job, and give the public confidence that if corruption does occur it will be tackled”.
Those who abuse their public office for personal gain should be brought before the criminal courts, he added.
