---

Local Government and Public Involvement in Health Bill

It is wonderful that so many noble Lords have joined us for this important discussion on the model code of conduct. I hope that I shall be swift in dealing with this. I can confirm that the noble Baroness, Lady Scott, is correct on the first amendment. As she suggested, this applies in the same way to appointed members. On the second group of amendments, I am afraid that the noble Lord has wrong-footed me because I did not expect him to come from that direction. One can never predict which direction he will come from. However, I shall say briefly what I intended to say. His amendment removes the remit of the code to include all behaviour in members’ private and official capacity, which is the substance of Clause 104 dealing with the remit of the principles and provisions of the model code. It follows from the judgment in 2006 in the appeal of the Mayor of London, which cast doubt on the ability of the code to cover the conduct of members in their private capacity. I am sure that we will come on to discuss those issues at a later stage. There are some interesting things that I want to say about that. The noble Lord, Lord Greaves, raised the rigidity, or inflexibility, of the code. It is a statutory instrument which councils are required to observe. It is not easily extended. That can be done only by negative instrument. I suggest reading Hansard. I will come back to him on this point when we can have a discussion on the issues implied in his questions. Finally, Amendment No. 238ZAA also was in this group. Authorities which do not adopt a code of conduct, and whose members are subject to the model code of conduct issued by the Secretary of State, are required to include a copy of the model code as part of their constitution. Amendment No. 238ZAA would delete this provision, which would be unfortunate because it would reduce transparency and accountability. That is why we would have difficulty in accepting that amendment.