Local Government Officials: Bullying

Rachael Maskell Excerpts

Thursday 9th May 2024 Commons Chamber

[Sir Julian Lewis]

Here is one scenario posted on the internet by a despairing councillor:

“We have a Parish Councillor who continually harasses the Clerk out of hours, at home and by email, about pretty well everything the Clerk does. The Clerk is respectful, knowledgeable and more than capable; but this individual said to the Chairman ‘I can question the Clerk because I am a Parish Councillor’. We have lost three Clerks in less than three years because of this dreadful man and I fear we are going to lose this one.”

Given findings such as the academic survey I mentioned earlier, this is clearly a situation that must not be allowed to continue. Apart from the impropriety aspect, the turnover of staff caused by bullying is economically damaging, leading to severe loss of efficiency in the affected parish and town councils. Then there are the additional recruitment and training costs for those councils which lose their clerks through resignation. Several councils have also been taken to court for constructive dismissal claims relating to harassment. Once again, this would be much less likely to arise if there were proper regulation and proper enforcement.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am really grateful to the right hon. Gentleman for bringing forward this debate. I have a long-term interest in looking at workplace bullying across the piece and am bringing forward a private Member’s Bill on 7 June to ensure we have a legal definition for bullying, which we currently do not have in our suite of legislation. I hope he will be able to support the Bill. But beyond that, we must ensure there is a route to an employment tribunal so that people are protected at work. Would he be minded to work with me and support that, and to find the mechanisms to put positive behaviours into all workplaces?

[Sir Julian Lewis]

This is the first I have heard about the hon. Lady’s initiative. It sounds absolutely admirable and I would be very interested in supporting her efforts. I particularly commend the idea of a clear and legal definition of bullying, because we all know that there are sometimes subjective approaches to the subject, where even a word of legitimate criticism is interpreted as that, unjustifiably, so she is definitely on the right track.

The SLCC states:

“Throughout the sector, there are growing concerns about the impact bullying, harassment and intimidation is having on Councils, Councillors and staff and the resulting effectiveness of those local councils”.

The three national associations are fully aware of the issues, but without Government intervention it is unlikely that they alone can solve this dreadful problem. The preferred approach of the NALC is to focus on certain recommendations, previously made by the Committee on Standards in Public Life, which have yet to be adopted. Indeed, the NALC assisted me in the drafting of early-day motion 611, tabled in November 2022 and supported by 27 hon. and right hon. Members, which specifically asked the Government to:

“re-visit its response to the Committee on Standards in Public Life report on local government ethical standards and introduce the report’s recommendations in full including tougher sanctions such as suspension for poorly behaving councillors.”

In addition to that, however, the SLCC and the ALCC have indicated their endorsement of an alternative option formulated by Mr Derek Biggs, the hugely experienced and highly respected former town clerk of Totton in my constituency, to whom I am indebted for his insights. This way forward, which I fully support, would be for the Minister to agree to set up a working party of experts in the area of town and parish councils to examine the issue in depth and recommend practical solutions to deal with it. The working party’s brief would be to ensure the design and establishment of an appropriate, independent enforcement body, and to propose legislation providing for penalties sufficient to act as a deterrent to transgressors. That would be one way of finally dealing with those who ignore the proper standards of behaviour that are rightly expected and approved by the Government. We really need to work together and end their sense of impunity in respect of unacceptable conduct in town and parish councils.