DCLG insists standards regime to continue "in normal manner" before abolition

The Standards Board regime must continue to function “in a normal manner” until two months after the Localism Bill receives Royal Assent when it will be abolished in its entirety, the Department for Communities and Local Government has insisted.

In guidance to local authorities, the DCLG said: “This means that until the appointed day, an allegation of misconduct can be made; after the appointed day, no further allegations of misconduct can be made under the standards board regime.

“It also means that at the appointed day, allegations will be in the process of investigation and, further, that appeals against sanctions will be pending. Transitional measures will be put in place to address this.”

These proposed transitional measures are:

• Any cases in the system at the appointed day will make their way through a transitional regime. “This would meet the expectation of those who had made allegations that their allegations would be properly dealt with." It would also allow members with allegations made against them to clear their name
• Any investigations being undertaken by Standards for England would transfer, on the appointed day, to the local authority that referred the investigation. “It will be for that local authority to arrange for the conclusion of the investigation. The local authority’s standards committee will remain established until the last complaint it is considering, referred either internally or from Standards for England, has been dealt with.”
• Any cases with which the First-tier Tribunal (Local Government Standards in England) is dealing on the appointed day will be concluded by that tribunal. “It will not receive any appeals against standards committee rulings after that date.”
• The right of appeal will not exist for those cases standards committees deal with as they work their way through the transitional system. “The Government considers that the risk of protracted proceedings justifies this approach. The sanctions available to standards committees are significantly less severe than the sanctions available to the First-tier Tribunal (Local Government Standards in England)”
• The suspension sanction will be removed from standards committees for the transitional period. “Hence the most a standards committee could do is, for instance, to issue a councillor with a censure or a request that they undergo training.”

The DCLG said that while the requirement for councils to adopt a model code would be abolished by the Bill, local authorities would be free to adopt their own, voluntary code.

They will also be free to maintain a standards committee to consider complaints against elected or co-opted members. “Such committees will, according to councils’ local constitutions, be able to censure but will not be able to suspend or disqualify members from council membership,” the guidance stated.

The Localism Bill was due to be published last month but has been delayed. The official line was that this was because of congestion in the Parliamentary timetable. It is expected to receive Royal Assent in late 2011.

The DCLG outlined the necessary legislative changes, which will require Parliamentary approval, in the guidance. They are:

• The Relevant Authorities (General Principles) Order 2001 – setting out the principles which govern the conduct of members and co-opted members of relevant authorities in England and police authorities in Wales – will be revoked
• The Local Authorities (Model Code of Conduct) Order 2007 (S.I 2007/1159) – prescribing the model code of conduct to apply to members of relevant authorities – will be revoked
• The requirement for local authorities to have standards committees will be abolished
• Standards for England will be abolished. None of its functions will be transferred to other bodies
• The First-tier Tribunal (Local Government Standards in England) will lose its jurisdiction over the conduct of local authority members.

The DCLG reiterated its view that the current regime was inconsistent with localism. “In addition, there is a concern that [it] is a vehicle for vexatious or politically motivated complaints,” it said, claiming that abolition of the Standards Board would restore power to local people.

The government nevertheless insisted that it was committed to maintaining high standards of conduct in office “and will ensure that, in the absence of a statutory code of conduct, councillors do not abuse their office for personal gain by putting their personal interests before those of the general community or local area that they represent”.

It added: “Members will be required to continue to register and declare personal interests and will not be allowed to use their position improperly for personal gain.”

As previously announced by the government, the wilful failure to comply with these requirements will constitute a criminal offence.