HC Deb 22 May 1991 vol 191 cc519-20W
Mr. Robert G. Hughes

To ask the Secretary of State for the Environment when he will announce his conclusions as a result of the consultation exercise on the implementation of sections 8 and 20 of the Local Government and Ho using Act 1989.

Mr. Portillo

My Department and the Welsh Office have very carefully considered the comments received on the report produced by the joint local/central government working group on the implementation of sections 8 and 20 of the Local Government and Housing Act 1989, which provides powers for the Secretary of State for the Environment and the Secretary of State for Wales to require local authorities to adopt standing orders regulating the appointment and discipline of staff and various procedural matters. The Government have decided to implement only standing orders which will serve to underpin the independence of local authority chief officers. The consideration of any further action must await the conclusions of the general review of local government.

My Department will, therefore, be consulting the English and Welsh local authority associations on the content of draft regulations and the timing of their implementation, which would provide for compulsory standing orders on the appointment and dismissal of chief officers.

The proposals would require procedural safeguards on appointment, including a certificate from the monitoring officer, appointed under section 5 ,of the Local Government and Housing Act 1989, and discipline, including the introduction of an independent person to ensure that unreasonable disciplinary action is not taken. These measures are essential to enable chief officers to continue to serve local authorities with maximum effectiveness.

On the procedural questions which were proposed to be covered by the compulsory standing orders we have also concluded that, in present circumstances, we should not impose new rules. The local authority associations will however also be consulted on a number of minor matters concerning procedural standing orders with a view to addressing certain ambiguities in the existing legislation on council procedures.