Agenda item

Report of the Borough Solicitor (Copy herewith)

A report submitted on behalf of the Borough Solicitor informed the Standards Committee of the new Government’s proposal to abolish the Standards Board Regime. The Communities and Local Government Association (LGA) released details of the announcement. It was noted that Standards for England had released a statement, which outlined their intention to continue to work and support local authorities under the existing regime while the statutory framework remained operative.

Cllr Hollis argued that the abolition of the Regime could lead to the criminalisation of some Members for low-level procedure, which could quite simply have been a genuine misunderstanding or mistake rather than a calculated attempt to gain by ill-gotten means.

The Chair reported that the Standards Board was not a ‘Police’ of the Council, but had led to an increase in the general conduct of Councillors and respect between Member and Officer working relationships. Cllr Flavell also argued that the existence of the Standards Board made other Councillors aware of consequences of disrespectful behaviour and bad conduct and without it, there would be a potential for such behaviour to continue as there would not be an awareness of how or where to report it to. It was further argued that the whilst the Local Government Ombudsman would investigate complaints made against Councillors, the more layers and distance complainants had to be involved in, would inevitably dissuade and deter the reporting of unprofessional behaviour and conduct.

Cllr Scott argued that the communication circulated by the Communities Minister and the Communities Secretary was aimed at personal gain level and that the majority of complaints that had been bought forward to the Committee were of matters of Councillor conduct and behaviour and that any illegal activity that had resulted in personal gain would always have been investigated by the police. She further explained that the message being sent out to Officers was negative and that the Standards Board Regime had acted in a preventative rather than as a prosecutor measure.

Cllr Matthews remarked that there was a general shift of the new Government to support the notion of decentralisation and localism. However, the abolition of the Standards Board Regime was the opposite of that and that ‘local part’ was being shifted away thus power being given to the Ombudsman, whom it was noted was not located locally.

The Chair congratulated the Borough Solicitor and his team for having in the past, dealt with complaints very quickly and efficiently.

In response to a question asked by Cllr Flavell, it was explained by the Borough Solicitor, that the proliferation of complaints made to the Standards Board had resulted in greater publicity, accessibility and transparency in the reporting of undesirable conduct of Council Members.

The Chair requested information with regards to support offered by political parties as to whether the political party leaders would support the notion of him writing to the Communities Minister (Andrew Stunnell) and the Communities Secretary (Eric Pickles) expressing concern at the proposed abolition.

Resolved that:

1.                       Members noted the new Government’s proposals.

2.                       The Chair would write a draft letter to the members of the Standards Committee requesting comments. Once the letter was amended the Chair would further circulate the final copy to:

·  ACSeS – Senior Solicitors

·  Association of Local Councillors

·  Association of Parish Councillors

·  MP’s Nick Clegg, Andrea Leadsom, Brian Binley and Michael Ellis

·  Leaders of the Northampton Borough Council Political Parties