HC Deb 21 May 1999 vol 331 cc472-3W
Mrs. Gordon

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which a councillor, applying for a discretionary grant from his or her council, may lobby other councillors to vote in favour of that grant. [84920]

Mr. Love

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which a councillor applying for a discretionary grant to his or her council may put that matter before a meeting of the council for decision. [84922]

Mr. Gareth R. Thomas

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which a councillor who has a personal(a) pecuniary and (b) non-pecuniary interest in a matter before his or her council may put a proposal to the council relating to that matter. [84919]

Ms Armstrong

The National Code of Local Government Conduct, published in April 1990, provides guidance to members of local authorities on their conduct, including on the disclosure of pecuniary and other interests, and on dealings with the council. It makes clear that the statutory requirements on disclosure of interests must be scrupulously observed at all times, and that councillors should never seek or accept preferential treatment in their dealings with the council because of their position as a councillor.

In March 1999 we published detailed proposals (Cm4298), including a draft Bill, for a new ethical framework for local government including introducing new statutory codes of conduct which will be rigorously applied through an enforcement regime involving independent investigation of alleged unethical conduct.

Siobhain McDonagh

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which the leader of a council can be regarded as acting on behalf of that council. [84923]

Ms Armstrong

There are currently no legal powers for a single councillor to act on behalf of their council.

In March 1999 we published detailed proposals (Cm 4298), including a draft Bill, for councils to adopt new constitutions, including decision making structures where an executive mayor or other councillors could act on behalf of the council. In parallel with the new constitutions we are proposing a new ethical framework for local government, which includes each council adopting a statutory code of conduct for councillors reflecting the particular decision making structure of its new constitution.

Judy Mallaber

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which political considerations can be the prime motivating factor for a decision taken by members of a local authority. [84921]

Dr. Starkey

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which it would be permitted for electoral advantage to be the motivation behind a local authority decision. [84917]

Ms Armstrong

It is the responsibility of each local authority to satisfy itself as to the legality of its actions. Local authorities, like other public bodies, are subject to the requirements of administrative law. They may not act illegally, irrationally or with procedural impropriety, and hence their decisions must be made taking account of only considerations which a Court would judge relevant.

Mr. Stephen Twigg

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances in which legal advice can act as authority for a course of conduct by a local authority. [84916]

Dr. Whitehead

To ask the Secretary of State for the Environment, Transport and the Regions if he will issue guidance on the circumstances, when legal advice has been taken based on incomplete instructions, in which a local authority may act on the basis of that advice. [84918]

Ms Armstrong

It is the responsibility of each council to satisfy itself as to the legality of its actions.