Ministers to limit time standards committee member can be 'independent person'

The Government has said it is minded to introduce a provision that means any former member of a standards committee appointed under transitional arrangements as an ‘independent person’ can hold that office only until 30 June 2013.

The move was contained in a letter from Local Government Minister Bob Neill to all local authority leaders ahead of the introduction of the new standards framework on 1 July.

Highlighting the role of the new independent person, Neill wrote: “This is in no way similar to the role of the independent chairman and independent members on the former standards committees. That former role was principally to be involved in the determination of allegations about misconduct of members.

“In contrast the role of the new independent person is wholly advisory, providing advice to the council on any allegation it is considering, and to a member facing an allegation who has sought the views of that person.”

The Minister continued: “Notwithstanding these fundamental differences between the roles of the new independent person and members of standards committees, following representations from local government, we have made transitional arrangements to allow the appointment as an independent person of someone who has been an independent chairman or member of the authority’s standards committee.

“However, given the importance that the new arrangements are, and are clearly perceived to be, a wholly fresh start we are minded to make further provision so that any former member of a standards committee appointed under the transitional arrangements as an independent person can hold that office only until 30 June 2013.”

The letter also reveals that the Department for Communities and Local Government intended to publish a guide to members’ pecuniary interests. Neill said this would be of particular help to parish councils “who may have fewer resources to hand”.

The Minister added: “I am keen to correct any potential misconceptions that the arrangements for disclosing pecuniary interests are more onerous on parish councils than was previously the case.”

Neill insisted that the Government’s localist approach would give councils wide freedoms to decide their own arrangements for promoting high standards of conduct for all their members.

He also sought to justify the DCLG’s publication of an ‘illustrative text’ on what a council’s code of conduct might look like.

“I felt it was important that councils did not feel the need to spend money on external legal advice on drawing up a new code, and were not pressured into simply adopting the old centralist code, with all the associated problems it brought on malicious and frivolous complaints,” the Minister said.

However, research by the Committee on Standards in Public Life last week revealed that just 4% of councils had decided by early June to adopt a code based on the DCLG’s text. 

Neill argued in the letter that the new framework gave all councils the opportunity “to make a clean break from the bureaucratic standards arrangements of the old regime which so often led to petty or politically motivated complaints”.

He added: “It will be important that all can clearly see your new arrangements are not some modified continuation of the old discredited regime, but rather a fresh start creating genuine trust and accountability between your council and local people.”

A copy of Neill’s letter can be viewed here. 

Philip Hoult

See also: Of special interest Olwen Dutton and Peter Keith-Lucas cast a critical eye over the new standards regime.