Memorandum by Birmingham City Council—Legal
Services (STA 06)
The City Council is aware of the ODPM's new
inquiry into "The Role and Effectiveness of the Standards
Board for England" and would offer the following comments
for the consideration of the relevant Committee:
The effectiveness of the Standards Board for England
in overseeing the Code of Conduct, that sets out the rules governing
the behaviour of Members of local authorities
Comments:
The City Council's Standards Committee believes
that the Standards Board for England has carried out an effective
role in promoting and overseeing the Code of Conduct for Members.
Since its inception, the Standards Board for England has been
very clear about working in partnership with local authorities
and their Monitoring Officers. The City Council is satisfied that
Birmingham has played its part in ensuring that it works to that
shared agenda with the Standards Board for England and, as such,
has no difficulty in supporting the Standards Board for England
on its work in this area.
The role of the Standards Board for England in
ensuring local authorities adhere to the Code of Conduct and its
ability to assess allegations of misconduct in a timely and fair
way
Comments:
The Council's Standards Committee understood
the need for the National Code of Conduct for Members being applied
in a consistent and coherent manner across the whole of England
and, as such, it took heed of the Standard Board for England's
advice that local authorities should not add to the National Code
of Conduct. Adding to the same would, of course, have meant that
the jurisdiction of the Standards Board for England would have
been increased and the likelihood of a proliferation of various
codes and standards across English local authorities would have
become prevalent. Fortunately, this has not happened and this
is due, in part, to the strong steer given by the Standards Board
over such an issue.
In terms of whether or not the Standards Board
for England has been able to respond in an appropriate and an
effective manner to the various allegations it has received against
Elected Members who are alleged to have breached the Code of Conduct
for Members, the Standards Committee is of the view that, initially,
the Standards Board for England suffered from staffing difficulties
which have, invariably, led to substantial delays in the investigation
and conduct of complaints.
The Standards Committee is satisfied that additional
staffing resources have been acquired by the Standards Board and
all evidence appears to suggest that the delay factor is now reducing.
With the implementation of the second Section 66 Regulations (of
referring matters to local Standards Committees for investigation
and determination), the Standards Committee is satisfied that
the remaining backlog of Standards Board for England cases will
be dealt with in an effective and efficient manner, without in
any way jeopardising justice or the way in which such cases are
dealt with.
In terms of the Standards Board for England,
it has also issued appropriate and relevant guidance for local
Standards Committees and Monitoring Officers. These have been
the subject of prior discussion at draft stage and the City Council
has valued such input at an early stage, as opposed to prescriptive
guidance. The Standards Committee feels, therefore, that the Standards
Board for England has conducted itself well with regard to such
matters.
The Standard Board for England's relationships
with relevant stakeholders
Comments:
The Standards Committee cannot speak for other
regulatory or other local authority I central organisations, but
based on its own experience of the Standards Board for England,
it is satisfied that the Standards Board for England has a high
standing within the local government environment and is judged
to be fair in its application of the Code of Conduct for Members.
The Standard Board for England's motto of ensuring "confidence
in local democracy" has clearly worked to ensure that the
primary focus of the role of the Standards Board for England has
been in ensuring high ethical standards of conduct in local authorities.
It has, therefore, played a full part in raising confidence in
local governance.
The role of the Standards Board for England in
supporting the establishment and operation of Standards Committees
at a local level
Comments:
As indicated earlier the Standards Committee
is satisfied that the Standards Board for England has supported
the establishment and operation of Standards Committees at local
levels with appropriate guidance for Standards Committees and
Monitoring Officers. The Standard Board for England's website
is also most helpful and informative with regard to current issues.
The Annual Conference approach for Standards
Committees and Monitoring Officers is also to be welcomed and
has provided a most useful opportunity for networking by relevant
members of the Standards Committee and Monitoring Officers.
Generally speaking, therefore, the Standards
Committee believes that the Standards Board for England has fulfilled
its role in an effective and efficient manner. The Standards Committee
would, however, wish the Government to revisit whether or not
a national body should be the first point of call for all written
complaints against Elected Members. The Standards Committee is
of the view that local Standards Committees are best placed to
deal with local issues raised by local individuals. The excessive
delays and raising the profile to a national level may have had
the effect of discouraging local people from complaining to the
Standards Board for England. This may not have, therefore, acted
to propagate "confidence in local government".
A local dispute resolution procedure, by Standards
Committees, would, we believe, be the best and most effective
way, in terms of further developing the current regime, so that
any serious cases (anything that might warrant a suspension of
more than six months or disqualification from office) would then
automatically be referred up to the Standards Board for England
by the Standards Committee and/or the Monitoring Officer.
With experience, the Government needs to reflect
on the responses to this Consultation and ensure that the existing
arrangements are changed for the better.
M F N Ahmad, MBA LLM Barrister
Chief Legal Officer
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