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Local Government and Public Involvement in Health Bill

Lords amendments Nos. 159 to 163 would confirm in the Bill the circumstances in which the principles that govern members' conduct and the provisions of the code of conduct that they must follow apply to local authority members. They do that by providing that the ethical regime may apply in members' official and private capacity. However, it would apply to conduct in their private capacity only when an action constituted a criminal offence. Our intention is to respond to the effect of the High Court judgment in 2006 in the appeal of the Mayor of London, which cast doubt on the code of conduct's ability to cover members' conduct in their private capacity. That has always been our intention but we also wish, through the amendments, to respond to suggestions from the other place that we should make it clear in the Bill. Our approach has been supported by the majority of those in local government, including the Local Government Association. Lords amendment No. 164 simply effects a recommendation of the Delegated Powers and Regulatory Reform Committee. It is right to do so, and I commend the amendments to the House.