Local Government and Public Involvement in Health Bill

That is an important contextual point for the amendments that we are discussing. We had the beginnings of a debate on it when were discussing an earlier group. I am sure that the noble Lord is right pay tribute to the integrity of local councillors. The fact that the national Standards Board dealt with only three serious cases, defined by exclusions of five years or more, reflects that. It is difficult to say whether those three cases would have been dealt with differently if it had not existed in that form. A very small number of cases were sufficiently serious to lead to exclusion, which reflects much of what the noble Lord said. If I describe Clause 184, it might clarify a few issues. It is important for councillors to set an example of leadership to their communities and uphold high standards. Members should be expected to act within the law even when they are not acting in their role as members. The clause provides that the principles which govern the conduct of members of authorities, and the provisions of the code which they are required to follow, may include principles and provisions which apply at all times. Therefore, the intention underlying the clause is that a member’s behaviour at all times, including in their private and official capacity, should be included within the remit of the general principles and the model of conduct. As noble Lords have said, the clause is a response to the interpretation of the code’s remit by the High Court in 2006 in the case of the appeal of the Mayor of London, which cast doubt on the ability of the code to prescribe the conduct of members in their private capacity. However, our current policy is that the code of conduct in respect of English local authorities should prescribe a member’s behaviour in their private capacity where that behaviour has resulted in a criminal conviction. That is its common-sense and proper application. That view was supported by those who responded to our recent consultation on the code, including the LGA. I have real sympathy with the intention of the amendment, which is to ensure that the remit and principles of the code should extend to conduct in a private capacity only where that conduct has attracted a criminal conviction. I would like to consider an amendment which would reflect that intention in the Bill, so that nobody is in any doubt that that is how we mean to proceed. It would be helpful. The goal is to provide in the Bill for the remit to include all behaviour and for secondary legislation to provide for the code to prescribe behaviour in a private capacity. The recently revised code already includes that provision. We consider that the proposals are consistent with the ECHR since the rules relating to members’ behaviour in their private capacity do not interfere in any person’s human rights to any extent which is greater than that for which the criminal law already provides. The proposals are therefore lined up with the ECHR. I think that what I have said takes care also of the amendments moved by the noble Baroness, Lady Hanham, which would have provided that the principles and provisions of the model code of conduct that govern the members’ behaviour apply in respect only of a member’s official capacity and not their private capacity. I have explained why we cannot do that and why the code does not reflect that, but with the caveat that we will make an amendment to the Bill so that nobody is in any doubt about the seriousness and special nature of the matter. I hope that she will accept that and withdraw her amendment.