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Lord Dixon-Smith: I do not apologise to the Committee for bringing this matter before it this afternoon. Of course we were aware that it was possible to bring criminal proceedings in this area. However, I was not aware that it was inappropriate for a case tribunal to deliver a judgment with regard to a criminal offence. The explanation is helpful. I shall study carefully what the Minister has said. I believe that he has gone a long way towards answering our concerns. I hope that I shall not have to refer to the matter again. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Lord Whitty moved Amendment No. 358:
The noble Lord said: We believe that the new ethical framework is not simply about investigating allegations of councillor misconduct and punishing those who are found to breach the code. The new ethical framework is about disseminating good practice, training members, making sure that the internal workings of authorities support ethical behaviour, and clarifying those areas of the new codes of conduct that may be unclear.
In order to help further these wider aims for the new ethical framework, it is necessary for the case tribunals to have the power to make recommendations to relevant authorities. The recommendations could be in respect of issues such as member training, internal organisation, reporting arrangements, and the role of the local authority's standards committee. These are in addition to, and go wider than, its recommendations for the treatment of individual councillors who come before it. The new clause (Amendment No. 358) makes provision for this.
In order to ensure that an authority acts on any recommendations made, the clause also provides that the authority to which the recommendations are made is obliged to consider the recommendations made and must respond within three months specifying whether it proposes to take any action and, if so, what it will be.
If the standards board is not satisfied with that response, provision is made that it may require the authority to publish a statement specifying the recommended action and the reasons for not taking it. I beg to move.
On Question, amendment agreed to.
Clause 53 [Disclosure and registration of members' interests etc.]:
Lord Whitty moved Amendment No. 359:
Leave out Clause 53 and insert the following new clause--
The noble Lord said: Amendment No. 359 introduces a new clause to replace the current Clause 53. It sets out important details of how we intend the new ethical framework to operate. In particular, it gives the monitoring officer a clear duty to set up and maintain a public register of members' interests. It also makes provision for the model code of conduct to cover the registration and declaration of interests.
In addition, the new clause enables the standards committee rather than the Secretary of State to grant dispensations for members to participate in business where they have an interest, subject to regulations issued by the Secretary of State. We believe that this is a significant and sensible delegation to those who are best placed to decide such issues so long as there is clear guidance on interpretation.
The amendment also widens the definition of interests that need to be registered and declared to include those of the spouse, partner or any person in that member's household. We believe that this is necessary to take account of the increasing diversity of society today. Bringing the declaration and registration of interests within the model code of conduct will mean that for the first time we will have a single document that clearly sets out a member's duties. One of the key aims of the new framework is to remove the plethora of primary legislation, regulations and guidance that make up the current framework, frequently causing uncertainty, confusion and doubt as to how councillors should behave. The provisions of new Clause 53 should go a long way to clarifying the situation. I beg to move.
Baroness Hamwee moved, as an amendment to Amendment No. 359, Amendment No. 359A:
The noble Baroness said: Amendment No. 359A requires the Secretary of State to consult with representatives of local government before making prescriptions in regulations--in this case, as to the circumstances in which standards committees may
Baroness Hanham: I speak to Amendment No. 359, in particular to subsection (7) of the proposed new clause. I appreciate that the Minister is struggling to ensure that it is inclusive, but all local authorities may struggle with "member's household". Where does one start and finish with "member's household"? Is the nanny included? Is the stepdaughter who is staying for a short time included? Is the fiance who is living there for a year included? It is a very all-embracing phrase. I appreciate the intention behind it, but intentions are not good enough in legislation. We have to be specific so that people are not casting around subsequently for the meaning.
Line 24, after ("may") insert (", after consultation with such representatives of local government as he considers appropriate,").
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