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Scottish Office

Answer

Mr. Salmond: To ask the Secretary of State for Scotland what guidelines he has issued with reference to safeguarding the non-political status of senior council officials; what is the role of councillors in respect of the termination of employment contracts for senior council officials; and what guidelines he has issued regarding the termination of employment contracts for senior council officials. [28589] Mr. Macdonald: The Government believe it is important that councils and the public can rely on politically impartial service from senior local government officials, and that councils respect the political neutrality of officials. The political activities of certain local government officials are restricted by Part 1 of the Local Government and Housing Act 1989 and by regulations made by the Secretary of State under that Act. Scottish Development Department Circular 28/89 advised local authorities of the effects of the 1989 Act and letters of 25 April 1990 and 1 August 1990 from the Scottish Development Department advised local authorities about the regulations made under the 1989 Act. I have arranged for copies of these to be placed in the Library of the House. The Government intend to review the number and level of local government officers covered by political restrictions. Councillors, as employers, have a role should they consider there is the need to terminate the contracts of Chief Executives or chief officers. Local government, through COSLA, have in place agreed procedures which allow councillors to report such matters and participate in any investigating and disciplinary committees which are set up. However, given the unique position of Chief Executives, arrangements are in place between the local authority employers and staff associations for any proposed disciplinary action to be investigated by an independent third party. No guidelines have been issued by central government regarding the termination of employment contracts for senior council officials. This is a matter for local authorities themselves and would depend on the terms and conditions on which the appointment had been made.

Secondary information

Type

Written question

Reference

306 c270W; 28589

Session

1997-98

Subjects

Staff Contracts Councillors Conflict of interests Employment Local government Political parties