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Local Government and Public Involvement in Health Bill

moved Amendment No. 197: 197: Clause 188, page 130, leave out lines 23 to 25 and insert— ““““(2A) An order under subsection (1) must provide as respects each specified principle— (a) that it applies to a person only when acting in an official capacity; or (b) that it applies to a person only when not acting in an official capacity; but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B). (2B) A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence. (2C) An order under subsection (1) may define, for the purposes of the order— ““official capacity””; and ““criminal offence””. (2D) An order under subsection (2)— (a) may specify principles which are to apply to a person at all times; (b) may specify principles which are to apply to a person otherwise than at all times.”””” The noble Baroness said: My Lords, these government amendments address concerns raised by noble Lords in Committee about the remit of the ethical regime for local authority members. In Committee, I said that I was willing to consider suggestions to make it clear in the Bill that our intention and conduct in a local councillor’s private capacity would come within the remit of the ethical regime, including the code of conduct, only where he or she has committed a criminal offence. These amendments put that policy objective into effect. Amendments Nos. 197, 198 and 199 amend Clause 188 to provide on the face of the Bill the limitation that the ethical regime applies only to conduct of members in their private capacity where that conduct would constitute a criminal offence. Specifically, subsection (2A) in Amendment No. 197 provides that the principles which govern the conduct of members, the provisions of the code of conduct they must follow and the provisions which authorities may add to their code, may include principles and provisions which apply in a member’s official and private capacity. Subsection (2B) seeks to place on the face of the Bill a limitation on the remit of the ethical regime in a member’s private capacity by providing that the principles and provisions may apply only to a member’s conduct in a private capacity where that conduct would constitute a criminal offence. Amendments Nos. 200 and 201 are consequential amendments to remove the provision allowing previously existing principles and the model code of conduct for members of relevant authorities in England and police authorities in Wales to continue in place after the amendments come into effect. The reason for that is that following the coming into force of the amendments, new orders in respect of the principles and the model code will now need to be issued. I will come in a later amendment to discuss why we believe a criminal offence rather than a criminal conviction is the right and only way to go but, essentially, our intention is to specify through secondary legislation the serious criminal offences—such as assault, harassment, fraud, offences relating to child pornography—that should be included in the remit of the ethical regime. However, it may well be appropriate for criminal offences for which the offender has the opportunity to pay a fixed penalty instead of facing conviction—for example, a minor motoring offence, a parking offence, dropping litter—should be excluded. I can assure noble Lords that we intend to consult on this matter so that we get the full views of the local government world on what types of criminal offences it thinks should be included or excluded from the remit of the ethical regime. Noble Lords who are well versed in this matter probably know that an elected member who has been convicted of an offence by a court and received a sentence of imprisonment of three months or longer is already automatically disqualified from being a local councillor for five years under Section 80(1)(d) of the Local Government Act 1972. As such, the only conduct in an elected member’s private capacity with which we are concerned is conduct that constitutes a criminal offence and for which a member has not received a sentence of imprisonment of three months or longer. We consider that serious criminal behaviour is capable of having an adverse impact on the general public’s level of trust of local authority members and local government as a whole and should come within the remit of the code. If we did not have such a provision, for example, an assault resulting in a criminal conviction and a prison sentence of less than three months would not of itself prevent an elected member from continuing as a member of an authority. I am sure noble Lords agree that it is very important that members set an example of leadership in their communities and we expect them to follow high standards and act within the law even when not acting as members, as the vast majority of members already do. That approach is certainly supported by the majority of the local government world following consultation, including the LGA. I commend the amendments to the House. I beg to move.