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Councillor Paul Buchanan

It is right that I should not be able to intervene in individual cases, as that guarantees the impartiality of the conduct regime and investigation process. Although I am happy to discuss the work of the Standards Board for England and the Adjudication Panel in general terms, I will not comment on or engage in debate about any specific ongoing case. As the debate's title suggests and as the hon. Gentleman outlined, the case concerns Councillor Paul Buchanan, a former deputy leader of Somerset county council, but given that the adjudication panel is due to convene shortly to determine the outcome of several outstanding allegations, I will not comment on it. However, I should like to address briefly the conduct regime and the two points that the hon. Gentleman raised with which I can deal specifically later in my short speech. In this country, we have naturally high standards of probity, accountability and objectivity—expectations of behaviour that demand a serious, reasonable, robust and fair conduct regime. It must be fair to the public and to all in public life. That applies equally to those elected to local authorities and to Members of Parliament. It is worth remembering that the conduct regime was introduced in the Local Government Act 2000 to promote high standards of ethical behaviour by local authority members. It gave a clear ethical framework for local authority members to work within, and made clear to the electorate the standards of behaviour that they could expect from those whom they voted into office. In 2007, a revised model code of conduct for local authority members was issued, which was yet clearer, simpler and more proportionate. It removed barriers to members' ability to speak up for those they represent, for example, on planning and licensing issues, and has been well received by local government. All local authorities have followed it in their own codes, by which their members must abide. In May 2008, the Government fulfilled their White Paper commitment, as recommended by the Committee on Standards in Public Life, to introduce a more locally based conduct regime for members and co-opted members of local authorities in England. Devolving responsibility for conduct issues to local authorities provides them with greater ownership of the conduct regime and local conduct issues, and boosts their role in promoting and maintaining a culture of high standards of behaviour. That belief is shared throughout the local government world. The Standards Board for England, which until that point had been responsible for investigating alleged breaches of the code of conduct, has assumed its new role as the strategic regulator of local authority standards committees, responsible for monitoring their performance and issuing guidance on the conduct regime. The Standards Board continues to investigate the most serious allegations of misconduct. Let us be clear: the regime accords with the recommendations of the Committee on Standards in Public Life, including the recommendation to establish a more locally based decision-making regime for investigating and determining all but the most serious misconduct allegations, but with the Standards Board at the centre of the revised regime with a new strategic, regulatory role to ensure consistency. The hon. Gentleman referred to serious allegations. It is a sad fact of political life that disagreement about issues can occasionally spill out of the correct channels for resolution and take on the form of remarks or accusations that suggest personal enmity. It is good to hear forthright views expressed vigorously—healthy debate is good for a healthy democracy and ensures that issues are thoroughly and publicly examined. That is true, whether in the Chamber, a council meeting or a parish hall. To some extent, we can also expect public figures to comment on issues in a private capacity—we are familiar with examples of that from our national and local media. For example, councillors with opposing views clearly express their opinions in the letters column of local newspapers. As modern media have developed, so have the great opportunities that they afford for communication; indeed, the hon. Gentleman referred to his website. That is one of the reasons why my Department recently consulted on proposed changes to the code of recommended practice on local authority publicity. We want to remove barriers to communication between councillors and those whom they serve, by allowing, for instance, the local authority to host a councillor's blog. However, with that freedom comes responsibility. There is no place in political debate for making hurtful, potentially damaging and unfounded accusations. That is why we take bringing the office of a councillor into disrepute so seriously and why doing so constitutes a breach of the local authority members' code of conduct. The other point that the hon. Gentleman made was about using the conduct regime as a political weapon. I am not insensitive in this context to the allegation that unscrupulous individuals may consider that the conduct regime can be used maliciously as a political weapon. I am conscious of that threat, but when we consider steps to halt what some might consider to be obviously false allegations intended to waste time and resources, we must take great care to ensure that in so doing we do not gag legitimate allegations. Before the new regime, it was for the Standards Board for England to assess, and if necessary investigate, the some 3,500 allegations made about the behaviour of councillors every year. Under the devolved regime, the Standards Board investigates only the most serious allegations. One of the concerns raised by the hon. Gentleman was about delay. Indeed, the facts of the delay are a source of serious concern. The Standards Board has a target of completing 90 per cent. of its cases within six months; he mentioned a period of two years and explained why there had been unfortunate problems in the case. The 90 per cent. target is a challenging target, but he will be interested to know that last year the Standards Board did not just meet it, but exceeded it, completing 96 per cent. of cases on target. I realise that it can be trying for those who are subject to an allegation that takes some time to investigate and resolve. Investigations can become protracted for a number of reasons. Some cases are complex and require the collection of evidence from a number of witnesses. In addition, fresh evidence may come to light during the investigative process. We must also consider the fact that, unfortunately, the investigation can be protracted owing to malicious behaviour on the part of the subject or subjects of the allegation, or perhaps others who have reason to fear its outcome. Let me turn to the issue of misconduct. The Adjudication Panel for England, the Standards Board for England and the standards committees of local authorities are all part of a conduct regime underpinned by the local authority members' code of conduct. The code makes it clear to councillors and their communities what might constitute a personal or a prejudicial interest, for example, and it addresses issues such as gifts and hospitality, which are clearly not relevant to this case. However, the code also addresses fundamental issues of behaviour and conduct. Founded upon the seven principles of public life, the code states, for instance, that councillors must not abuse their position as councillors and that they must not disclose confidential information in an inappropriate manner. The code directly addresses matters more fundamental still—not just those that are fundamental to public life, but principles so fundamental that I hope that we would all strive to meet them unconsciously in everyday life. The code explicitly states:""You must treat others with respect"," and says:""You must not…bully any person"" or "intimidate any person". Let us take bullying as the most obvious example. Bullying, I hope we can all agree, is unacceptable. It does not matter whether bullying happens in the playground, the workplace, the Chamber or the barracks—any civilized society rejects it. That is why bullying is in the code—because it is a serious issue when it happens between individuals, damaging people, and because it is a serious matter when it happens in a local authority, damaging the working of the authority and, potentially, confidence in democracy if exposed, and the delivery of services if not. Simply put, unacceptable behaviour is not tolerated. Those who are guilty of misconduct are investigated and sanctions are brought against them. The conduct regime, underpinned by the members' code, will ensure that that continues to be the case. The hon. Gentleman raised the question whether the Government should allow standards committees to investigate, for example, allegations against local authority officials such as chief executives. He will be pleased to know that we recently held a consultation on whether there should be a model code of conduct for local authority officials, just as there is one for local authority members. We are currently considering the more than 1,000 responses to the consultation that we have received. The consultation included proposals to transport some aspects of the members' code to senior officials. The code will form part of an employee's terms and conditions of employment and could be used in any disciplinary procedures. I should just add that whether the standards committees or other bodies should have the authority to enforce the code is an issue on which we shall consult.