Ministers consult on making transparency code legally binding

Ministers have launched a consultation on making The Code of Recommended Practice for Local Authorities on Data Transparency a legal requirement via regulations.

The Communities Secretary has a power to enforce the Code through regulations via s. 3 of the Local Government Planning and Land Act 1980. The current Code was issued on 29 September 2011.

Under the proposals, the regulations would also require authorities to publish information in the manner and form specified in the Code.

The consultation paper said: “All principal local authorities are now publishing expenditure over £500. Whilst some authorities are making excellent progress in the provision of open, accessible data for citizens, the availability of the data in the Code is still somewhat variable across local authorities.

“The Secretary of State believes that making regulations is necessary to ensure that all citizens, up and down the country, have equal access to the data set out in the Code. Also, that there is a minimum standard of access to this data and when this data is made available.”

The paper added that amendments and additions to the Code would facilitate greater clarity as to “what must be published, in what manner and form, and when”.

The proposals include:

• A requirement to regularly publish a ‘transparency inventory’ with information on pay, perks, spending, charities and parking. The inventory would be registered on data.gov.uk.
• A specific reference in the Code that authorities should not routinely use the Data Protection Act or the Freedom of Information Act as a justification for not being transparent on spending. The Department for Communities and Local Government said: “We propose to take a considered approach to non-compliance, to allow authorities to work with the department. If necessary, the Secretary of State has the power to seek an order from the courts that an authority is in breach of its obligations, and/or an order that it must comply with its duties”.
• Clarification on the information to be published in relation to the location of public land and building assets.
• Adding further data streams: trade union facility time and parking charges.
• In relation to trade union facility time, authorities should publish the amount spent on providing support and facilities to trade unions within their workforces, and specify which unions.
• In relation to parking charges, councils would be required to publish the number of off-street parking places and the revenue raised from them; the number of on-street parking places and the revenue they raise; as well as the revenue from parking fines and the number of free parking spaces available.
• A requirement for local authorities to publish information in compliance with the requirements of ‘star two’ (in the recommended 5 step journey) when the regulations come into force and to publish in compliance with ‘star three’ six months after that. Stars four and five are to remain in the Code but will be aspirational.
• Tightening up the requirement on the timeliness of making public data available. This will say: “Public data is to be published as soon as reasonably practicable after it is produced by, or comes into the possession of, the local authority”.
• An annex to the Code setting out “clear messages” about anti-fraud measures.

Communities Secretary Eric Pickles said: "Finally all councils have taken up the £500 transparency challenge but publication is only happening in fits and starts. By writing Town Hall transparency into law we can make certain every citizen gets open and equal access to information about local public expenditure.

"As part of that we will expose a great council cash cow cover-up unmasking punitive parking practices that hit residents in the pocket. We're calling time on local war against motorists - now, more than ever, we need to see the back of this shopping tax and encourage more people onto the high street."

The consultation can be found here. A binding code could come into force later in 2013.

Philip Hoult