Local Government and Public Involvement in Health Bill

In the brief time available to me, I shall attempt to respond to the points raised by hon. Members. The hon. Member for Shipley (Philip Davies) is clearly a Yorkshireman. He stated what he thinks, and he thinks we should get rid of the Standards Board lock, stock and barrel. He is consistent, although I wish he would get off the fence on some of the other issues. We do not agree with that view, although we agree with part of his analysis. On some occasions the processes have unintentionally damaged the reputation of local government, but we think the return to a more locally based system is right. There are examples of frivolous complaints, which we have tried to address. Frivolous complaints are made against the police, and the hon. Gentleman would not want us to abolish the police force, and similarly the court and the police court. We have a straightforward disagreement. I respect that. We have put in place measures that will enhance the reputation of local government and provide for a sensible code. My hon. Friend the Member for Hendon (Mr. Dismore) raises a technically more difficult issue. I understand exactly what he and his Committee are trying to do, but my preference is that the stricture should not be written into the Bill. The code that will apply will meet his intention. I should like more time to consider the matter. The explanation that I gave the Committee was that the code refers to criminal convictions. There was a debate about that definition. The code and the practice will make that clear. We have agreed with the Standards Board that during this year we and the board will monitor and review the introduction and working of the new code, and we intend to review it afterwards. I argued in Committee that we need to clarify the legislation in order to comply with the judge’s ruling, but it is the code that enforces the ethical regime. My hon. Friend’s intention is met by the new code. He shakes his head. We have a disagreement. I undertake to look at the point. He is probably right to say that it will come up in the other place. As I have failed to satisfy my hon. Friend, let me try to satisfy the hon. Member for Hazel Grove on the point that he consistently makes about planning. The code of conduct does not prevent a member from having a predisposition towards a particular outcome for a planning proposal. However, where, for example, a councillor is strongly identified in favour of or against a particular planning proposal, that might amount to predetermination, were that member to participate in the decision on that application. As I have said, it is planning case law, not the code, that deals with predetermination. Where predetermination occurs, members have made up their minds about a matter and are not prepared to listen to the arguments raised at the council meeting. It is important for natural justice that people should get a fair hearing when a planning application is made. As I indicated in Committee, we have been considering the issue of predetermination so that concern to guard against predetermination does not fetter a councillor’s capacity to speak up for the local electorate. We have discussed the matter with the Standards Board, and I can tell the House that at its meeting last week, the board agreed to issue, after consultation, a commentary on predetermination to help members and monitoring officers to understand the situation. In other words, we believe that it is the application of case law in much too restrictive a manner by monitoring officers that has led to a culture in which councillors have been unable to speak out. It is that case law, not the code of conduct, that is fettering elected councillors. Again, I agree with the intention. It is clearly right that local councillors should be able to speak up for their constituents, but it is also right that people before a planning committee should have a fair hearing. I believe that we can square that circle.