I will speak to new clause 82 and amendments 71 and 72 in my name and those of my hon. Friends. New clause 82 seeks to reinstate the standards board. Every single one of us in this place should be able to get behind that, as it is not partisan; it is about restoring the public’s faith in local politics.
We have all seen examples of councillors acting outwith their role and their code of conduct. We also see, often, that the act that eventually leads to their demise follows an established pattern of behaviour spanning many years. Those around them may have been fearful of calling out their behaviour for many reasons. Last year, a councillor was sentenced after pleading guilty to a charge relating to the abuse of public trust in public office, yet he remains in post. In another area, two former council chiefs and a county council leader are due to appear in court after being charged in connection with a long-running police investigation into allegations of financial irregularity.
We all know, of course, that those cases are in the minority and that the vast number of councillors work hard for their community. However, those who behave in that way are currently given a free ride, as the framework around complaints is largely kept in-house. Councils and fellow councillors should simply not be allowed to police themselves. Such an arrangement puts officers, and particularly monitoring officers, in impossible positions. Those officers, who are in contractually and politically restricted positions, somehow have to find ways to manage governance and the expectations and pressures of political groups when the sanctions available to the standards committee are very limited and its
members are political colleagues of those they are investigating. That point was noted by the Committee on Standards in Public Life, which reported:
“We have heard of cases where Monitoring Officers have been put under undue pressure or forced to resign because of unwelcome advice or decisions”.
A Local Government Chronicle survey finds that 60% of monitoring officers do not believe that they have sufficient tools to tackle serious misconduct among elected members.
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In this place, we have an independent and transparent complaints process. We are also under a lot of scrutiny. However, fewer residents and news reporters take an interest in the actions of local councils and councillors. In local councils, the current system for upholding standards and monitoring behaviour is simply too opaque and too open to interpretation and abuse. There are not provisions to suspend or disqualify councillors who act inappropriately and misuse public funds.
I know all too well from my own local authority the consequences of limited checks and balances and of processes open to potential undue interference. The former leader of my council, Iain Malcolm, resigned all his posts and positions suddenly in 2020 in the wake of allegations of creating a culture of fear, bullying and control. There were scandals in which public finances were readily accessed for personal reputational defence and to silence critics, as well as a litany of other financial concerns. He left just weeks after the chief executive walked out after 10 years in post. Police and other investigations are still ongoing.
This Government want more devolution. With that, there should come more accountability, because with devolution comes more responsibility and more money from the public purse. The Committee on Standards in Public Life’s 2019 report echoes the concerns that I am raising today:
“Our evidence supports the view that the vast majority of councillors and officers maintain high standards of conduct. There is, however, clear evidence of misconduct by some councillors. The majority of these cases relate to bullying or harassment, or other disruptive behaviour. There is also evidence of persistent or repeated misconduct by a minority of councillors.”
It is little wonder that respondents to the Local Government Chronicle survey called for
“a single national code of conduct for councillors”
and for
“more effective sanctions, including suspension and disqualification”.
It is clear that the current system is not working and that the handling of complaints relating to councillors who breach codes should be thoroughly independent. The Minister rejected my clause in Committee—then new clause 76—on the basis that the Government, despite clear evidence of misconduct in local councils, have not changed their mind since 2011. The Government remain stubbornly of the view that the Standards Board was
“incompatible with the principles of localism”
and that its abolition
“restored power to local people.”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 20 October 2022; c. 907.]