Following its Consultation on the introduction of a mandatory minimum Code of Conduct for local authorities in England, MHCLG has stated that it intends to legislate for changes to the Localism Act 2011 regime and has indicated measures that will be included.

A Standards of Conduct Committee Report “ Individual Member Accountability : Deliberate Deception “ makes 11 Recommendations . These include that the Welsh Government should legislate to make it a clearly defined offence for a Senedd candidate or election agent to make or publish DELIBERATELY DECEPTIVE STATEMENTS/INFORMATION for the purpose of affecting how a vote is given at Sened elections.

New protections from sexual harassment have come into force. Employers are required to take “ reasonable steps “ to prevent sexual harassment of their employees. ACAS and the Equality & Human Rights Commission have issued Guidance.

In R (Robinson) v Buckinghamshire Council (2021) EWHC 2014 (Admin) the Court reiterates that where a complaint against a local authority member of misconduct is by reference to what the member said and/or how he or she said it, and Article 10 of the ECHR is applicable, freedom of expression is important, and while that is so for everybody, it is especially so for elected representatives.

A 118 page Law Commission Report, No. 397, with 22 Recommendations, recommends substantive and procedural reform of the common law offence of misconduct in public office, which operates in parallel with the tort of misfeasance in public office. The Report proposes two replacement offences, not to be applicable to the provision of education and health services. They are “ corruption in public office”, with a test of what a reasonable person will think is “ seriously improper”; and “ breach of duty in public office”, to prevent death or serious injury. The Report also recommends a statutory list, to be capable of amendment by SI, of positions that constitute “ public office”, to which a functional test would be applied.

For the refusal of an injunction to stop the investigation of complaints against a councillor about his conduct, see Bishop v Public Services Ombudsman for Wales (2020) EWHC 1503 (Admin). The importance of expression in the political sphere is reiterated at para 13.

A press conference given by senior politicians is not to be regarded as an occasion for casual statements. On the contrary, “there is a clear public interest that politicians talking in public should observe high accuracy and fairness”. This is because “the public need to know the position” and are inevitably influenced by what politicians say. See paragraph 36 in Ramadhar v Ramadhar (2020) UKPC 7.

On the other hand (paragraph 37), those who are themselves engaged in public life and courted the media, cannot expect to be free from scrutiny or criticism in public. “Politicians cannot expect to be free from banter and ridicule, good-humoured or otherwise, or from scrutiny of their motives”. If politicians were entitled to be protected (by the law of defamation) against mere criticism, that might have a “chilling effect on democratic debate”. As Brendeis J said in the UK Supreme Court, “sunlight is said to be the best of disinfectants”. Lady Arden added, at paragraph 43: “Politicians are not expected to be shrinking violets when answering their critics or giving their opinion as to what is in the public interest”; and, at paragraph 54, “The need for politicians to follow high standards in political debate and the expectation that politicians should be open to reasonable criticism are universal features of a democratic society”.

The Committee on Standards in Public Life has on 10 February 2020 published a Report on artificial intelligence (“AI”) and its impact on public standards, with Recommendations to Government. The Committee concluded that (i) the Seven Nolan Principles of Public Life remain a valid guide for public sector practice; (2) a new AI regulator is not required, but all regulators must adapt to the challenges that AI poses; and (3) all public bodies must comply with the law surrounding data-driven technology and implement clear, risk-based governance for their use of AI.

The LGA has published an updated Guide on Probity in Planning for Councillors and Officers making planning decisions.  It addresses the planning system and the role of decision makers; Councillor and Officer conduct; registration and disclosure of interests; predisposition, predetermination, or bias; development proposals; lobbying of and by councillors; discussions before a decision is taken; Officer Reports to Committee; public speaking at Planning Committees; decisions which differ from a Recommendation; Committee Site Visits; reviewing past Planning Decisions and the outcomes; and complaints and record keeping.

The Committee on Standards in Public Life, chaired by former M15 head, Lord Evans of Weardale, on 30 January 2019 issued a 110 page Report to the Prime Minister, following its review of local government ethical standards in England. The Report concludes that, whilst the consistency and independence of the system could be enhanced, there is no need to reintroduce a centralised body, and that local authorities should retain ultimate responsibility for implementing and applying the Seven Principles of Public Life in local government.

The Report makes 23 Recommendations. The Report also contains a list of 15 “best practice” recommendations, directed to local authorities.