It was an extremely serious issue. The Government seemed to be taking the view that this was a Localism Bill and that standards in public life could therefore be dealt in accordance with local diversity. I was pleased to see in the briefing from the National Association of Local Councils, much quoted in this debate, the matter put very succinctly. It stated that, "““there is no local diversity about what is appropriate conduct for councillors””."
There is no one keener on local diversity than me, but the one area where local diversity is particularly inappropriate, and where in the past we have had rather too much of it, is in standards in public life.
I am therefore delighted, although still a little surprised, that, at this very late stage in the Bill’s process, that we are having a full and good debate on the subject. The Minister’s response has been so much heralded that it is in danger of becoming an anticlimax, because we have all said what we think that he is going to say. If he says it, it will be what we expected; if he does not, we are all in trouble.
I am delighted that we are now, at this late stage, coming to address the real issue, which is not whether we should have had the Standards Board and whether are pleased that it is going—everyone accepts that it is going—it is what replaces it. There seems now, a little late but welcome nevertheless, to be a general acceptance that there needs to be a mandatory code, that it should not be imposed by central government and the Secretary of State, that it should be drawn up, as our amendment states, by ““representatives of local government””—I think that it is generally understood what that means—and that it needs to be mandatory both in terms of its existence and of what is in it, although it may be added to.
We then get to the area for real debate, which is how is that effectively enforced. I do not think that any of us want to recreate in any shape or form the sort of national level bureaucracy that grew up with the Standards Board. As others have said, there are many issues that we can explore belatedly in our discussion. However, we do need to see effective means of local enforcement. One of the elements that we had in the standards regime in recent years, which has been extremely welcome, is the independent element. There may well be exceptions, but certainly in my experience the role of the independent members on the standards committee, often chairing those committees, has been very valuable and welcome— people such as the noble Lord, Lord Best, for example. We need to look at how we can preserve and enhance that element.
There has to be some sort of an appeals mechanism. It does not have to be an appeal to a national body. I will not try to go over it tonight, but there needs to be some sort of appeal—for natural justice, as has been said, but also to deal with the sort of case referred to by my noble friend Lord Tyler. In some authorities, regardless of political persuasion, someone who is perceived to be awkward or difficult or a minority interest of whatever sort can be persecuted and will not have proper protection within the local authority, even with the independent element. There needs to be some appeal mechanism.
We have set out in the debate the areas for discussion with the Government. It will be a bit of a let-down if the Minister now says that he is not prepared to discuss it at all. I do not think that that will happen. We look forward to some fruitful and positive discussions with the Government to try to find a way through that all sides of the House can support and feel strongly should happen and can be achieved. I really hope that we can come back at Third Reading with a comprehensive package. It may not be what all of us want, but I hope that all of us on all sides can support it at Third Reading. If we can achieve that, the work that we have rather belatedly been doing—I pay tribute particularly to the noble Lords, Lord Bichard and Lord Filkin, in bringing this issue to the fore—will have been very much worth while. I thank them for that.
Localism Bill
Proceeding contribution from
Lord Tope
(Liberal Democrat)
in the House of Lords on Wednesday, 14 September 2011.
It occurred during Debate on bills on Localism Bill.
Type
Proceeding contribution
Reference
730 c837-8 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 13:10:31 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_769676
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_769676
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_769676