The criminalisation of councillors
Deep in the bowels of the new localism bill, at Pt 1, Ch. 1, Section 18, there is this new criminal offence:
Offence of breaching regulations under section 17
(1) A person who is a member or co-opted member of a relevant authority commits an offence if, without reasonable excuse, the person—
(a) fails to register a financial or other interest in accordance with regulations under section 17,
(b) fails to disclose an interest of a kind specified in such regulations in accordance with such regulations before taking part in business of the authority relating to the interest, or
(c) takes part in business of the authority to which an interest disclosed by virtue of such regulations relates contrary to a prohibition or restriction imposed by such regulations.
(2) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Where a person is convicted of an offence under this section, the court may by order disqualify the person, for a period not exceeding five years, for being or becoming (by election or otherwise) a member or co-opted member of the relevant authority in question or any other relevant authority.
(4) A prosecution for an offence under this section is not to be instituted except by or on behalf of the Director of Public Prosecutions……
The background to this brand new councillor offence, punishable by a level 5 fine of up to £5,000, is the abolition of the Standards [Board] for England, a QUANGO set up after the Local Government Act 2000 and responsible for the ‘ethical standards’ of councillors, though much of the work was delegated to councils.
This abolition, and the decentralisation of such matters to local councils, is no bad thing in itself. Standards Board guidance had become overly cumbersome, and there was an awful lot of box-ticking.
There is some sense in just letting councils get on with their own systems for registering members’ financial and other interests, and ensuring that councillors declare these interests (and where appropriate take no part in decisions). This is notwithstanding the fact that the Secretary of State will still be providing councils with ’regulations’ (section 17) to to councils about all this, thus somewhat defeating the object of the abolition.
But what was good about the Standards Board was that it created a system where councillor ethics and behaviour were a civil matter, whereby councillors could be punished for breaking the rules, but not generally through the criminal courts. The common law offence of Misconduct in Public Office, as well as other appropriate legal provision, have to date been seen as sufficient to deal with any extreme examples of corruption and misdemeanour.
Now, though, we have an offence under which councillors are specifically targeted, and which potentially creates a serious threat to councillor recruitment to both local authorities and parish councils.
This is not least because it doesn’t appear to be too hard to get caught out by the new law. The most important requirement under the new ‘regulations’ at section 17 is the one
requiring any member or co-opted member of a relevant authority who has an interest of a specified kind to disclose that interest before taking part in business of the authority relating to the interest.
Failure to do so is potentially a criminal offence under section 18.
The problem is it can actually be quite easy to disclose a relevant interest, depending on what that interest is. Currently, a ‘personal interest’ is defined , inter alia and at its broadest, as being where
a decsion in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of other council tax payers, ratepayers or inhabitants of their ward, as the case may be, affected by the decision.
So let’s just say I’m sitting on a Parish Council, and the Parish Council decides to reburbish the play equipment at the park, and I vote in favour of that expenditure because it’s a good idea. Then I take my young children straight down the park to play on the new equipment.
That could, if someone wanted to, be interpreted as against the law, given that the majority of the people in the Parish do not have young children. Neither I nor my kids make any money out of it, but the ‘well-being’ notion covers that.
I have loads of such ‘personal interests’ here in Bickerstaffe/West Lancashire, including trusteeships of charities, and I generally take a common sense view on whether a personal interest needs declaring.
The criminalisation of this declaration process, though, may change everything.
Prosecutions will of course be quite rare, but it is the possibility of a prosecution which may deter people from seeking elected office.
And of course, as ever when it comes to access to the law, money talks.
The new legislation, it seems to me, is a sledgehammer to crack a nut, and it reflects a general readiness in government, already noted by Simon Jenkins in his sound analysis of the localism bill, to think the worst of people who seek to represent their ‘communities’ through elected office. As Jenkins says:
What are these communities? Like Labour, the Conservatives can hardly bring themselves to mutter the word “elected”. To suggest that a ballot box might share power with Whitehall’s gilded ones is still treasonable in Westminster circles. While the bill’s guide does mention “elected local representatives” (let alone the despised word “councillors”), they are merely on a long list of those designated as “best placed” to represent the new communities. Others equally blessed with community legitimacy are “public service professionals, social enterprises, charities, co-operatives, community groups, neighbourhoods and individuals”.



It’s not going to achieve much, when it comes to actually preparing the student movement and their allies in the teachers’ unions to take on and beat the cuts the Tory government demand, much less give them the class consciousness needed to take their struggle beyond a win for Labour (and their little better “graduate tax”) at the next election.
Direct involvement with politics almost always results in a move away from the man in the street and a move towards a rather specialised environment with its own vocabulary, its own points of reference and its own intrinsic assumptions. This isn’t a criticism; the same is true of joining a book club or a rugby team.
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