HC Deb 26 October 1994 vol 248 c606W
Mr. Alfred Morris

To ask the Secretary of State for the Environment (1) if he will institute a public inquiry into the operation of section 26(9) of the Local Government Act 1974;

(2) what considerations underlay the Government' s refusal to invoke the provisions of section 26(9) of the Local Government Act 1974 to close the loophole in the investigation of alleged breaches of the national code of local government conduct raised in the correspondence he and his predecessors have had with the right hon. Member for Manchester, Wythenshawe in the case of Mr. Arthur Hodgkinson.

Mr. Robert B. Jones

Personnel matters are specifically excluded from the local government ombudsman's jurisdiction by schedule 5 of the Local Government Act 1974. It is not the ombudsman's responsibility to investigate breaches of the national code of local government conduct other than to include them in an investigation where there is an allegation of maladministration involving personal injustice. There is no loophole to close and my right hon. Friend will not be instituting a public inquiry into the operation of section 26(9) of the Local Government Act 1974.

Mr. Alfred Morris

To ask the Secretary of State for the Environment what assessment he has made of the conformity with the national code of local government conduct of the action of Wigan metropolitan borough council in the case of Mr. Arthur Hodgkinson.

Mr. Robert B. Jones

None. The Secretary of State has no role in assessing the compliance of individual councillors with the code.