HC Deb 11 February 1998 vol 306 cc269-71W
Mr. Salmond

To ask the Secretary of State for Scotland how many representations he has received concerning employment issues at West Dunbartonshire Council; and what discussions he has had with(a) COSLA, (b) West Dunbartonshire Council and

(c) Unison concerning the procedures for terminating the contracts of senior council officials. [28590]

Mr. Macdonald

One letter has been received by my right hon. Friend the Secretary of State. No discussions have taken place with the above bodies concerning the procedures for terminating contracts of senior council officials since, as independent corporate bodies, local authorities have powers to appoint officers on such reasonable terms and conditions as they think fit. In doing so they are, of course, required to comply with employment law. Ministers have no locus to intervene in such matters.

Mr. Salmond

To ask the Secretary of State for Scotland what guidelines he has issued with reference to safeguarding the non-political status of senior council officials; what is the role of councillors in respect of the termination of employment contracts for senior council officials; and what guidelines he has issued regarding the termination of employment contracts for senior council officials. [28589]

Mr. Macdonald

The Government believe it is important that councils and the public can rely on politically impartial service from senior local government officials, and that councils respect the political neutrality of officials. The political activities of certain local government officials are rosericted by Part 1 of the Local Government and Housing Act 1989 and by regulations made by the Secretary of State under that Act. Scottish Development Department Circular 28/89 advised local authorities of the effects of the 1989 Act and letters of 25 April 1990 and 1 August 1990 from the Scottish Development Department advised local authorities about the regulations made under the 1989 Act. I have arranged for copies of these to be placed in the Library of the House. The Government intend to review the number and level of local government officers covered by political roserictions.

Councillors, as employers, have a role should they consider there is the need to terminate the contracts of Chief Executives or chief officers. Local government, through COSLA, have in place agreed procedures which allow councillors to report such matters and participate in any investigating and disciplinary committees which are set up. However, given the unique position of Chief Executives, arrangements are in place between the local authority employers and staff associations for any proposed disciplinary action to be investigated by an independent third party.

No guidelines have been issued by central government regarding the termination of employment contracts for senior council officials. This is a matter for local authorities themselves and would depend on the terms and conditions on which the appointment had been made.

Mr. Salmond

To ask the Secretary of State for Scotland what role he has in respect of breaches of the National Code of Local Government Conduct and the Conditions of Service for Chief Officials of Local Authorities (Scotland). [28591]

Mr. Macdonald

The Secretary of State has no role in respect of breaches of the National Code of Conduct. Neither has he any role in respect of breaches of the conditions of service for local authorities' chief officials which are entirely matters for local authorities as the employer.

The Government are, as part of our consideration of the ethical framework for local government in the light of the third report of the Committee on Standards in Public Life, considering what changes may be necessary to the code of conduct for councillors and how a revised code might be enforced.