Paper D

 

ISLE OF WIGHT COUNCIL STANDARDS COMMITTEE.

 

Report on Third Annual Assembly of Standards Committees, ICC, Birmingham,

13-14 September, 2004.

 

Attended: Bruce Claxton, Independent Chairman; Chris Mathews had been unable to attend due to pressure of work.

 

The first session involved all delegates  being present with addresses from:

Sir Anthony Holland, Chair, The Standards Board for England,

David Prince, Chief Executive, The Standards Board for England,

Rt  Hon Nick Raynsford MP, Minister for Local and Regional Government,

Sir Alistair Graham, Chair, Committee on Standards in Public Life,

Patricia Hughes, Deputy Chair, The Standards Board for England.

 

Sir Anthony Holland said that the two principle issues at present were the final part of the Section 66 Regulations and changes to the Code. The final part of the Section 66 regulations was promised to be published within days. A Code for Employees/ Officers is also to be released soon for consultation. Changes to the Code would await feedback from the operation of the full section 66 provisions.

 

Since his appontment David Prince has exerted pressure to improve efficiency in the processing of complaints. Currently the period to determine whether or not to investigate a complaint has been reduced from 20 days to less than 12 days. The target for next year is to reduce this to less than 10 working days.

 

There has been consultation on two areas of guidance, Lobbying and dual-hatted roles; further guidance will be issued before the end of September.

 

Next year David Prince will tour the country to hold sessions with all concerned with the ethical agenda for local government ( Standards Committee chairs, Monitoring Officers, Chief Executives and others). Dates and locations will be set well in advance.

 

David Prince wants to encourage a self-assessment toolkit. This will include a review of how the Code is operating, Monitoring Officers investigations, the new Code of Conduct for Employees, the maintenance of integrity and safeguarding and enhancing confidence in Local Government.  He advocated monitoring parliamentary candidates who are councillors for spurious allegations. Action was required to discourage spurious and unjustified complaints in the run up to the general election; a  record needs to be kept of such allegations. Another area of concern was the loss of professional knowledge in debate due to the withdrawal of councillors having personal and prejudicial interests.

 

The Standards Board for England is poised to give support to local knowledge and expertise in building public confidence in local investigations and local standards committee decisions. This will be followed by developing the strategic view about the Code and the ethical framework as a whole. The public is concerned about ethics in local government. Ethics are everyone=s business because high standards go hand in hand with good services.


Workshops attended.

 

I was allocated all the workshops I had preselected. Without Chris Mathews there were many concurrent workshops unattended by Isle of Wight representatives.

I attended:        Not enough leaders,

Developing the Code

Good Enough?

Learning from outcomes

Independent perspective, and

Bullying.

 

Not enough leaders.

 

This workshop demonstrated the connection between a high level of public ethics and leadership. There is a triangular relationship between Leadership, Ethics and Trust. The roots of leadership lie in Authority, Knowledge and Conduct. Councils need cultures that promote openness and learning etc.

 

Developing the Code.

 

Various analyses of the allegations referred to the Standards Board for England show that:

Freedom of speech, Whistle blowing, Disrepute and Misuse of council resources are areas which cause some problems which will be further examined in the process of developing the code in the future.

Disrepute calls into question a persons fitness for office which may depend on public perception and that can vary according to local cultures and social structure.

The Richardson Question is quite vexing. A councillor may be excluded for a prejudicial interest and is therefore unable to express the views of constituents. Such councillor may be the only expert in the matter and have valid and important information or explanations to assist with good decision making. Such situations may be reconsidered for dispensations comparable to the similar status of a common interest held by sufficient parish councillors whose non participation could leave their council inquorate.The Dispensation Regulations have been tested and the reviewers are reconsidering them.

The Wellington case was also reviewed regarding bias and predetermination; the real point should relate to ACommon Sense@.

 

Good Enough?

 

This session focused on exploring what level of investigation is necessary for non-major cases both locally and nationally. The history of >the standards industry= starting in 1994 by the establishment of the Committee on Standards in Public Life to the present with an examination of the several thousand allegations through to decided cases, nationally and referred to local Standards Committees was discussed. Then we split into groups and worked on various case studies .

 

 

 


Learning from outcomes

 

This workshop was lead by a representative from the Adjudication Panel and an Oxford professor. The former reviewed the statistics of cases referred to the Adjudication panel; the latter compared the UK management of ethical standards in public life with those in the USA and Europe. The USA has its main focus in conflicts of interest, nepotism, gifts, lobbying, campaign finance at local level etc. The European approach has its traditions in Roman Law.

The UK code is of broad scope, covering transparency, conflict, behavioural styles, internal relationships and institutional reputation. In UK local government, its focus is on the elected tier. It is non-penal in character, but with a very formal mechanism having the potential for resolving issues of interpersonal relations and individual behaviour.

Comparisons with other systems available in the UK such as the criminal, tort, contract  law were discussed. It was noted that if other organisations decided to pursue due process such as a >Prosecution= for down loading pornography onto council property there would be no need to pursue a complaint to the Standards Board of England and thus save duplication of costs. However a number of cases were explained where such other systems were not invoked, often because police forces were selective in the pursuit of performance targets!

The Committee on Standards in Public Life has just published ASurvey of public attitudes towards conduct in public life@.[www.public-standards.gov.uk].

The session was summed up as >The Public expects certain levels of responsibility from persons in public life - non-criminal activities are fairly covered by the code=.

 

Independent perspective

 

This session was lead by Anne Rehill and Peter Rowland. It was noted that seven forums had been formed since last years= assembly. Vast areas of the country are not covered. Those present who had experience of a forum declared the significant advantages and benefits to be gained from membership of a forum. It was generally noted that the areas where a forum existed owed much to the support of monitoring officers within the areas. Because of the differences of Fire and Police Authorities there was discussion regarding separate forums for these specialised authorities.

 

A key issue that emerged was that of the length of service, periods of appointment and number of terms to be served, for independent members. This matter was addressed in Standards Committees News No. 1 February 2004 page 4. It  was noted that the legislation and regulations do not specify these. Sir Tony Holland said that >tenure= was a crucial issue; there should be protection against getting rid of an effective member for spurious reasons.

 

The Standards Committees News letter should be a medium for exchange of views.

 

Bullying.

 

This topic is both fascinating and terrifying. Some definitions of bullying were given and the handout is available on request. There appears to be a cultural impact of bullying. Bullying occurs at member/ officer as well as member/ member interfaces. High performing councils are associated with high standards of behaviour. Low performing councils have low outcomes.

 


Bullying is often perceived after a change of council control and becomes a continuing problem if not dealt with quickly. Councils often exercise a form of bullying in their dealings with children and the elderly which in other words amounts to child abuse and elderly abuse.

 

The Standards Board for England is taking this matter very seriously. It advocates thorough listening, the keeping of diary notes and hearing witnesses. It notes that sweeping statements are unhelpful and do not amount to evidence in a specific context. The roles of the Council Leader and the Chief Executive is extremely important particularly their behaviour and interpersonal skills with members and staff.

 

Standards Committees can be used for setting standards of behaviour by discussing bullying and the bounds of behaviour by stopping gossip, particularly malicious gossip. If  a person=s behaviour changes then be alert. Be more active regarding complaints regarding bullying and harassment.

 

During discussion the following ideas were put forward by the delegates in our group:-

A.        Standards Board to provide teaching materials such as training videos on behaviour including examples of bullying.

B.         Avoid setting up groups with a single woman who might feel excluded by a male dominated group.

C.        Local groups can warn that behaviour might amount to notifiable activity and thus provides a platform for introducing more training.

D.        Chairman training; behaviour and conduct at meetings often reflects the skills or lack thereof in the ability of the chairman to control.

E.         These topics to be included in induction programmes for new members and refreshers as necessary.

 

There was another session for all delegates entitled >More than making the Trains run on time?=

 

This started with the question >Is the ethical agenda a distraction or an integral part of good government?=

 

It reviewed such issues as >Managing your Reputation= ie find a mentor; developing a culture where people can grow and develop; develop peoples understanding of their roles; integrity of leadership.

It examined the relationship of electorate expectation with the rationing of resource allocation to suit resource supply.

It noted that there is a tendency for some to become drunk on power which leads to doing something stupid, developing a climate of fear which might lead to bullying.

 

Jessica Crowe, Deputy Mayor of the London Borough of Hackney gave an inspiring review of Hackney as change was implemented from a state of real trouble, of almost ungovernability, to one of structure and more balanced control. Hackney had developed a poisonous political culture to the extent that Stephen Byers, minister responsible at that time, promised to take over control. The absence of good governance destroyed service delivery.

 


Now the Hackney Standards Committee deals with members= development, deals with complaints as a whole as well as driving the ethical agenda. This recovered authority has carried out a satisfaction survey which shows enormous improvement. The lesson from Hackney for the Standards Conference, was the raising of standards for the council and the community as a whole at the initiation of its independently led standards committee. It is important to improve relationships with the Press and Public - the 4 th estate.

 

Feedback.

 

The final session was feedback by  Patricia Hughes. It was clear that the delegates had made an impression and that the Standards Board for England was listening.

 

It had been noted that there had been frustration through not having the whole of the Section 66 regulations all together. Guidance would follow the final tranche of the regulations at the end of September.

Monitoring Officers are under resourced, the point had been strongly made to the Minister.

There was strong support for local investigation.

Training and training materials; The standards Board would work with IDA over this issue.

Work was continuing with the Audit Commission on ethical issues.

Case book No. 2 had been distributed with the conference packs.

Various issues had arisen from the Workshops asking for a variety of advice and guidance particularly regarding bullying and the filtering of complaints at local level for transmission of the more serious to the Standards Board. However a period for experiencing the full Section 66 regulations would be allowed before this was reconsidered. Moreover, the publication of Sir Alister Graham=s report would also predate such a review.

A systematic review would cover code issues such as:- private behaviour; privacy as for MPs; the obligation for reporting other members= breaches possibly by filtering by Monitoring Officer and Council Chair; no public interest defence; prejudicial interest and dispensation; disrepute.

There was a need for stronger chairing of meetings and party control; the impact of cultural changes was noted; the fact that delegates had the appetite to deal with these complex issues was noted.

Registration matters such as freemasons, gifts values (,25 for councillors cf ,550 for MPs).

The establishment of independents Forums was most important for finding out about and learning from others= experience of GOOD PRACTICE.

It was noted that all slides and handouts would be on the Standards Board=s Website.

 

Items arising from the Assembly for Isle of Wight Standards Committee consideration:-

 

1.         Bullying,

2.         Watching out for increased levels of complaints/ allegations in the run up to an election,

3.         Length of service of independent members,

4.         Training,

5.         Information packs for candidates for election,

6.         Induction for new Members.