ACSeS and LGA link up to produce a guide for local authorities on standards

The Association of Council Secretaries and Solicitors (ACSeS) has linked up with the Local Government Association to produce a guide for local authorities on standards, amid concerns at the way the government proposes dismantling the current regime through the Localism Bill.

The publication – Maintaining High Ethical Standards in Local Government – summarises the Bill’s proposals, and also sets out those conduct controls that exist in addition to it.

These include the Seven Principles of Public Life, which were established in 1995 by the Committee on Standards in Public Life and formalised by the Relevant Authorities (General Principles) Order 2001. The principles cover issues such as selflessness, honesty and integrity, openness and accountability.

ACSeS said it was “disappointed” that the government was proposing to revoke the 2001 Order.

Amongst the other topics covered by the guide are:

• the fiduciary (trustee) duty of councillors as custodians of public resources
• the registration of interests
• relevant civil and criminal law (including misfeasance in public office and corruption offences)
• electoral law and related offences
• the Local Government Ombudsman.

The publication also considers the issues of bias, predisposition and predetermination. “Contrary to what many have thought, these latter areas are in fact creatures of the common law (i.e. emanating from court decisions) and are entirely separate from the current conduct regime,” ACSeS said. “The proposed predetermination measure in the Localism Bill is not intended to change the current common law position which acknowledges the democratic role of councillors.”

The association said it welcomed any simplification and streamlining of the present conduct regime, but warned that the Bill’s conduct proposals were “so permissive as to be practically ineffective”.
ACSeS renewed its call for “at the very least” a national code of local government conduct, which would be similar to the arrangements in existence before the present standards regime was implemented. The association also urged the government to continue with the enshrinement in statutory order of the principles of public life.

“ACSeS does recognise that councillors are the hard-working lifeblood of local democracy,” it said. “However, if the generally high reputation of local government is to be maintained, ACSeS considers that a unified code and principles applicable to all councillors are both necessary and desirable.”

Susan Tovey, ACSeS president and head of legal and democratic services at Test Valley Borough Council, said: “The appearance of the guidance note is particularly timely as the proposals on standards in the Localism Bill seem set to weaken significantly controls in this important area of public confidence as well as creating inconsistency of approach across local government. The guidance note will therefore help fill the gap at this point by providing a valuable summary of the corporate governance controls existing in addition to the present statutory regime.”

To download the paper, click on the following link: LGAACSeS Paper