SOLACE produces guidance for chief officers on EU referendum
The Society of Local Authority Chief Executives (SOLACE) has produced guidance for chief officers ahead of the EU referendum on 23 June.
Dr Dave Smith, SOLACE Spokesperson on Elections and Democratic Renewal, said: “The purpose of this document is to provide advice and guidance on the statutory rules regulating publicity produced at any time by the council or by other persons with the council’s assistance; the tighter rules on council publicity produced by the council in the run up to polling day for the EU referendum; and the areas of the council’s operations which are affected by the referendum process.”
The specific areas covered in the guidance, which can be viewed here, are:
- publicity produced or facilitated by the council: the Local Government Act 1986; Code of Recommended Practice on Local Authority Publicity; s. 125 Political Parties, Elections and Referendums Act 2000 (PPERA);
- assistance to campaigners at the referendum poll;
- use of council premises: for campaigners' meetings; campaigners' posters and other advertising;
- visits to council premises by elected representatives such as MSPs, MPs, MEPs, and campaigners;
- promoting political literacy in schools in connection with the referendum;
- council employees in politically restricted posts;
- time off work for council employees: for polling purposes; for campaigning;
- frequently asked questions and answers.
The guidance on the referendum was produced with input from the Cabinet Office, the Electoral Commission and Lawyers in Local Government.
Many chief officers are expected to serve as counting officers for the referendum.
"As a consequence," the guidance says, "such officers should be aware that in due course, they will be acting as Counting Officers (or working for the Counting Officer) in an entirely neutral capacity. Such officers should be aware of this now, and take account of this in what views they express now in regard to EU in this context.
"As senior and seasoned public servants, senior officers will naturally manage their behaviour in regard to party politics. Expressing views on Europe (on social media for example) may not feel a potential issue at this stage but it will still be subject to public scrutiny as the referendum approaches.
"As a consequence, senior officers who are likely to be undertaking a role in the EU referendum should be mindful of their actions and words in their day job in relation to Europe given the forthcoming referendum."
The document also advises chief officers, "particularly those who hold the roles of Head of Paid Service (HoPS) or Monitoring Officer (MO)", to give consideration to providing some proactive (rather than reactive) guidance to officers.
"Unlike 'normal' elections, the traditional political divides along party lines may not apply. However, similar expectations and issues may arise, some legitimate and some illegitimate. It is a matter for the HoPS and MO to give advice and guidance to the officers on matters such as those set out in this guidance. The provision of early proactive advice will avoid a vacuum and uncertainty, or worse a vacuum which may be filled by others (not necessarily correctly or reflecting the advice which the HoPS / MO would wish to give)," the guidance says.
SOLACE's Smith pointed out that the document was guidance, and as such, it had no formal status. "Each issue will be a matter for that council or chief officer and each council or chief officer will wish to adapt and interpret this guidance to meet their own local circumstances,” he said.
