Local Government: Nolan Principles

Debate between Dan Norris and Alberto Costa

Tuesday 11th March 2025 Westminster Hall

[Alberto Costa]

That is an interesting point. I must confess that I have not considered it, so I would welcome any further information or a further briefing from the hon. Member on what he means by that, particularly in my role as Chair of the Standards Committee.

The Nolan principles must ensure that elected representatives are held to account properly, at every level of local government. In Labour’s plan for local government reorganisation and a new structure, the way that standards are dealt with must not be neglected. I hope that the Minister will say a few words on local government reorganisation, and how he thinks the Nolan principles and any code of conduct might underpin that.

I think we can all agree that the current regime is failing. Issues of misconduct, bullying and harassment in local government—parish, town, county and district—have become worse. I know of parish councillors in my constituency whose lives have been made a misery through months and, in many cases, years of verbal abuse, intimidation and harassment from fellow councillors.

In Leicestershire, one instance of constant harassment and relentless, vexatious complaints resulted in a parish council officer dramatically resigning during a parish council meeting. I have no doubt that hon. Members have witnessed or heard similar stories in their constituencies. Those bad apples make up only a small minority of councillors but even so, according to a 2017 report by the Society of Local Council Clerks,

“15% of parish councils experience serious behaviour issues… 5% are effectively dysfunctional as a result of them.”

So where does the current regime fall short? First, there is no clear definition of bullying or harassment in the Localism Act 2011, which leaves it to monitoring officers to interpret vague codes of conduct inconsistently. What is serious in one district area is dismissed in another. Town and parish councils have no internal mechanism to investigate breaches of conduct. At the same time, principal authorities are also powerless to enforce meaningful sanctions, except in cases serious enough for criminal referral.

The 2018 Ledbury town council case exposed a major flaw in the system. The council was forced to pay more than £200,000 in legal fees for trying to sanction a councillor through an internal grievance process. That highlighted a fundamental problem: parish councils lack the power to act independently, while principal authorities have no real enforcement mechanisms. Accountability falls into limbo unless there is clear criminal conduct. My speech is not about criminal conduct; it is about the issues that we as Members of this House are familiar with—bullying, sexual misconduct, harassment and the like.

If the public were able to hold rogue councillors—the minority—to account properly at the ballot box, I would be less concerned, but the gaps in legislation are made worse by the democratic deficit, certainly at the parish level, where elections often lack enough willing candidates to ensure true accountability. In the May 2015 elections, for example, only 20% of eligible parishes contested their vacancies. The ballot box rarely holds councillors to account, and even if it does, it can often be too late.

We know that accountability problems will be more pronounced in areas that have a unitary authority, which is the direction of travel under this Government, as parishes may be given even greater powers due to the abolition of district councils. I hope that the Minister can comment on what consideration the Government are giving to that specific point or, if he is unaware, that he will write to me after the debate.

For now, I encourage the Government to consider the following steps to strengthen accountability, and to protect town and parish councillors and those who work for town and parish councils. First, I suggest amending section 27(3) of the Localism Act 2011 to give a clear definition of bullying that explicitly covers persistent verbal abuse, intimidation or behaviour that causes significant distress to other parish or town councillors or those who work for parish or town councils. That would give monitoring officers of principal authorities a firmer basis on which to act, and would set a threshold for escalation, distinguishing heated debate from harassment.

The next step would be to mandate standards committees in all principal authorities, which would be tasked with impartial investigations, deciding on allegations and imposing sanctions. Those committees, supported by truly independent persons, would bring consistency, credibility and impartiality into an appropriate disciplinary system. Here in the House of Commons, as part of the Committee that I chair, we have seven lay members alongside seven Members of Parliament, and as the Chair, I do not have a vote other than in the event of a tie. That means that the seven lay members provide the impartiality that the House wants when disciplining its own Members.

[Dan Norris (North East Somerset and Hanham) (Lab)]

The Nolan principles also apply to officers working in the public sector. I am a regional mayor, as well as a Member. I am aware that a regional mayor in the east of England is currently talking with a chief constable about officers under the previous mayor making decisions that should have been made by politicians—in other words, the normal rules and policies seemingly being circumvented.

It troubles me that the interim officers who work for local authorities or regional authorities move on quite quickly. They do not stay very long, and if something questionable is subsequently found, they are not bound to take part in any inquiry. That means that the Nolan principles can be completely circumvented; it drives a coach and horses through the good principles. I agree with everything that the hon. Member has said so far, but does he think there should there be a special circumstance or a modification to the rules to allow those officers, who keep moving around and carry on working in local government, to be held to account?

I also ask the Minister what the Government will do to make sure, where questionable things have happened, that the local authorities to which those interim officers go are alerted about that. Those local authorities should know that irregularities have taken place.