Local Government: Nolan Principles

Desmond Swayne Excerpts

Tuesday 11th March 2025 Westminster Hall

[Sir Desmond Swayne (in the Chair)]

I will call Alberto Costa to move the motion, and I will then call the Minister to respond. As is the convention for 30-minute debates, there will not be an opportunity for the Member in charge to wind up,.

[Alberto Costa (South Leicestershire) (Con)]

I beg to move,

That this House has considered the effectiveness of the Nolan Principles in local government.

It is a great pleasure to serve under your chairmanship, Sir Desmond. This year marks the 30-year anniversary of the Nolan principles, which are selflessness, integrity, objectivity, accountability, openness, honesty and leadership. Those seven principles embody everything that we, as elected representatives, should strive for on behalf of our constituents. They are the guiding principles for anyone in elected office.

MPs and elected representatives at all levels of local government are overwhelmingly public-spirited and dedicated people who always embody the Nolan principles in their work. Having served on the Privileges and Standards Committees for the last five years, which I am honoured to now chair, I have seen at first hand that elected representatives do, at times, sadly fall short of the principles.

--- Later in debate ---

[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.

[Sir Desmond Swayne (in the Chair)]

Order. Can we have shorter interventions in future?

[Alberto Costa]

I thank the hon. Member for his welcome intervention, which highlights another issue that I am not entirely familiar with. Although this debate is concerned with elected officials, he rightly asks about what happens if people charged with the oversight of the Nolan principles as independent officers move on to other jurisdictions. There is, of course, the contract of employment that underpins the individual’s duties, but there may well be a lacuna in that area. Again, I would welcome the hon. Member writing to me with a further briefing so that I can ascertain whether there is a link to ensure that that would not damage the mechanism that I am proposing to the Minister, which is for independent officers to have more appropriate oversight.

As I have indicated, mandating in all principal authorities standards committees, tasked with impartial investigations and deciding on allegations, would bring consistency. Thirdly, I suggest amending legislation to make parish councils formally accountable to their principal authority, which currently is not the case. That could include annual governance reports, direct intervention powers for serious breaches, and the provision of training to prevent issues from arising.

Those are basic, bread-and-butter issues in which we as Members of Parliament are encouraged to take a more active part, particularly when it comes to training. Parishes should retain autonomy, but the principal authority should act as a backstop for serious failures, reinforcing local governance without reverting to a centralised control such as the standards board.

Finally, we must address the absence of robust sanctions. There is a total lack of sanctions when councillors at parish, town and local authority level have been found wanting, with the exception of criminal conduct, which is dealt with separately. The power to suspend councillors —say, for up to six months—for proven bullying or harassment is essential. Currently, a counsellor can shrug off the consequences and return to the next meeting unchecked. Instead of facing the consequences, effectively nothing is done. That has an impact not just on the proper functioning of the parish or town council, but on the staff working for that parish or town council, who may themselves be the victims of the bullying or harassment. Worse still, I have heard of cases where entire councils have resigned in despair, powerless against a single disruptive individual. Suspension would offer immediate relief to victims and signal that misconduct has a cost, as it does here in the House of Commons, and as we have proven over the past few years.

Much of what I am saying echoes the 2019 review by the Committee on Standards in Public Life, which called for councils to suspend councillors without allowances for up to six months. The Government rejected those proposals in 2022, citing risks to free speech, and I sympathise with that, but the new Government’s 2024 consultation on sanctions suggests a welcome shift. Perhaps the Minister can say a few words about that.

We must not return to a time of bureaucratic excess and politically motivated complaints threatening freedom of expression. That is not what I am arguing for, and that is not what we see in the House of Commons. But with reports of bullying rife at parish levels and changes to local government structure in the pipeline, it is time to reconsider the recommendations of the 2019 Committee on Standards in Public Life report. I encourage the Government to take the opportunity they now have with local government reorganisation to make a positive impact by ensuring that what we see applied to all of us here in the House of Commons is mirrored in some form to other valued elected public officials.