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The Localism Act 2011

The Localism Act 2011. PROVISIONS IN RELATION TO STANDARDS Standards Committee 8 March 2012. Introduction. Current Position New Provisions What needs to be done The Future. Current Position. Royal Assent – 15 th November 2011

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The Localism Act 2011

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  1. The Localism Act 2011 PROVISIONS IN RELATION TO STANDARDS Standards Committee 8 March 2012

  2. Introduction • Current Position • New Provisions • What needs to be done • The Future

  3. Current Position • Royal Assent – 15th November 2011 • 31st March 2012 – Standards Board for England abolished. • Awaiting supporting regulations and Commencement Orders. Expected between March and May 2012 • Working towards adoption at full Council on 23 May 2012 • Effective – 1st July 2012

  4. The New Provisions • “Standards Board Regime” and all current legislation will be repealed • Replaced with a new general duty to promote and maintain high standards of conduct by members and voting co-opted members • Each “relevant authority” MUST adopt a Code of Conduct. • Applies to Local Authority Members and Parish Councils

  5. Code of Conduct • Adoption at full Council and advertised • “Acting in Capacity” still to be defined - narrower • Code must be consistent with Nolan principles of: • Selflessness Objectivity • Integrity Accountability • Openness Honesty • Leadership • No National Code - ACSeS – draft Code

  6. Disclosable Pecuniary Interests • Members and Parish Councillors must register “disclosable pecuniary interests” – still to be defined • within 28 days of being appointed or Code adopted • Narrower - member and partner only

  7. Disclosable Pecuniary Interest Cont. Interests Arising at Meetings • If registered – declare you have an interest. • If not registered – must state nature of interest and then report it to Monitoring Officer within 28 days In both cases: - must not participate in any discussions, or vote on the matter • Need to leave the room. Public perception

  8. Disclosable Pecuniary Interests Cont. • Criminal Offence for failing to disclose – Fine up to £5000 and/or 5 year disqualification • Prosecution by Director of Public Prosecution • Public Register of Interest – Civic Centre and Website

  9. Non Disclosable Pecuniary Interests • Reflect 7 Nolan Principles • Similar provisions as in existing code • Await regulations before finalising

  10. Standards Committee • Existing Committee will be dissolved • No statutory requirement to have a new Committee BUT need to deal with complaints and hearings • Exists to promote and maintain high standards of conduct for members

  11. Standard Committee Cont. • New Committee • Must be proportionate • No requirement for Independent Members. • No requirement for Parish Council Members • No Independent Chair as no chair’s casting vote

  12. Independent Person • Must appoint at least one IP who: • MUST be consulted before any finding that there has been a breach of the code of conduct • MAY be consulted by a member who is subject to a complaint.

  13. Independent Person Cont • Appointed at Full Council following advertisement and application • It would seem that current Independent Members cannot be Independent Persons for SRBC • Options being looked at with other authorities.

  14. Complaints • Investigation and Hearing Procedures need to be adopted by Council • Need for Council to delegate to Monitoring Officer and Standards Committee • Monitoring Officer and Leaders likely to take a big role in dealing with matters

  15. Sanctions • No Statutory Power of Sanction under Act • Council need to delegate power to impose penalties • Penalties include: • Naming and Shaming • Removal from Committee or Sub Committee – (Leader) • Training • Removal from outside bodies/appointments • Withdrawal of facilities (proportionate) • Exclusion from Council Premises (as above – must have access to Council and Committee Meetings)

  16. What needs to be done? • Adopt Code – Adopt ACSeS model? • Investigation and Hearing procedures required • Clarify position with Parish Councils and assist them in the transition • Appoint at least one independent person. • Create new registers of interest • Training and Communication

  17. The Future • Need Political “Buy in” • Parish Councils Support • Shorter Simpler Rules & Procedures • More complaints dealt with informally • Independent person – limited role • Council – 23rd May 2012

  18. Conclusion • Your Views? • Interests – Do you favour a model code similar to SRBC code? • Do you favour a single code of conduct across Lancashire if possible? • Do you favour a Standards Committee or do you want to pass responsibility for standards to the Governance Committee?

  19. Conclusion Cont • Do you wish to retain non-voting Co-optees – Independent? Parish? • What are your views about the suggested process for dealing with complaints about members?

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