Government urges reorganisation councils to stick to publicity rules
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The Government has reminded local authorities set to undergo reorganisation to adhere to publicity rules, urging them to "take particular care around the principles of objectivity and even-handedness, and the appropriate use of publicity".
Local Government Minister Alison McGovern said she wished to send the reminder in response to "concerns and queries" about the compliance of some local authority communications, "which may appear to be advocating one or other favoured reorganisation proposal".
McGovern wrote to the following areas: East Sussex and Brighton; Essex, Southend-on-Sea and Thurrock; Hampshire, the Isle of Wight, Portsmouth and Southampton; Norfolk; Suffolk; and West Sussex.
She said that councils must have regard to the 'Code of recommended practice for local authority publicity' when producing publicity, defined as "any communication in whatever form, addressed to the public at large or a section of the public".
The Code requires publicity issued by local authorities to adhere to the following seven principles: lawfulness, cost-effectiveness, objectivity, appropriate use of publicity, have regard to equality and diversity, and be issued with care during periods of heightened sensitivity (i.e. the periods before elections and referendums).
McGovern wrote: "You should take particular care around the principles of objectivity and even-handedness, and the appropriate use of publicity.
"I recognise that in many areas there are legitimate debates about the best model for reorganisation, and that feelings may be running high. The Government is not trying to stifle that debate, but it is essential that councils have regard for the Code when spending taxpayers' money on communications."
Leaders should seek the advice of their Monitoring Officer on the Code, she added.
Monitoring Officers have a statutory role in reporting on matters that they believe are, or are likely to be, illegal or amount to maladministration.
She also noted that the Secretary of State has powers, in Section 4A of the Local Government Act 1986, to direct compliance with some, or all, of the Code, adding: "I will be looking to you to ensure that all local government reorganisation communications are issued with proper consideration of compliance with the Code."
Adam Carey
Governance Lawyer
Legal Director - Government and Public Sector
Regulatory/Litigation Lawyer
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