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Stephen Greasley
To cite this article: Stephen Greasley (2007) Maintaining ethical cultures: Self-
regulation in english local government, Local Government Studies, 33:3, 451-464, DOI:
10.1080/03003930701289687
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Local Government Studies,
Vol. 33, No. 3, 451 – 464, June 2007
Themed Papers
Maintaining Ethical Cultures:
Self-Regulation in English Local
Government
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STEPHEN GREASLEY
University of Manchester
Introduction
What makes government trusted and trustworthy is a key question for
policymakers and researchers alike. The question has been one of the main
motives behind reform of local government in England. A new statutory
ethical framework for English local government, introduced along with
reforms of political management structures, puts great emphasis on the
independence of regulation (Local Government Act, 2000). The framework
was intended to address public distrust in local government by providing a
common code of conduct across English authorities and an independent and
transparent means for enforcing that code. Over the four years of its
operation the framework has attracted controversy and in particular it has
been criticised for being overly centralised and legalistic. The critics of the
new ethical framework suggest that local authorities and their standards
committees are in a stronger position than an external body to support a
culture of ethical governance (CSPL, 2005). Lawton and Macaulay (2004)
Correspondence Address: Stephen Greasley, IPEG, Room 3.42 Williamson Building, University
of Manchester, Manchester M13 9PL. Email: stephen.greasley@manchester.ac.uk
have characterised the choice between the low road of rules and sanctions
and the high road of supporting cultures of ethical governance. This paper
uses data collected from case studies in English local government to describe
the methods used by local authorities to support an ethical culture and to
identify limitations on local self-regulation.
The first section provides some background information about the design
and operation of the new ethical framework. The second section introduces
some theoretical and conceptual issues relating to public sector ethics and
links them to the paper. The method for collecting and analysing data is
described in the third section. The final substantive section describes the
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Policy Context
The new ethical framework introduced by the 2000 Act was a response to a
number of factors. Government was concerned that public distrust was
damaging local democracy (DETR, 1999: para.4.1) and an investigation of the
then existing code found it to be confusing and inconsistently applied (CSPL,
1997). A small number of high-profile examples of misconduct in local
government in the 1990s (Skelcher & Snape, 2001: 75) and a general policy
interest in public sector ethics also helped put probity in local government on
the agenda (OECD, 1996, 2000; Ridley & Doig, 1995). Finally, it has been
argued that the executive models of governance introduced by the 2000 Act
called for stronger external regulation of councillor conduct (Doig & Skelcher,
2001: 106, see also Skelcher & Snape, 2001: 83–86).
The new framework introduced a statutory code of conduct to apply to
members of principal local authorities, parish and town councils, fire, police
and national park authorities and the Greater London Authority. The code
covered requirements on members including the registration and declaration
of interests, registration of gifts and some more general duties, for example
not to bring the authority into disrepute and to avoid the misuse of council
resources. Along with the code a system for enforcement was created which
included two new national bodies – the Standards Board for England (SBE)
and the Adjudications Panel for England (AP). In addition the legislation
required local authorities to establish local standards committees to
adjudicate on the less serious alleged breaches of the code.
When an allegation that a councillor has breached the code of conduct is
made it is initially passed to the SBE to decide whether it requires further
investigation. Those that do require investigation are then passed for
investigation either to one of the SBE’s own ethical standards officers or to
the monitoring officer of the authority concerned. A completed investigation
may conclude: that there is no evidence of a breach of the code; that
although there may be some evidence of a breach no further action needs to
be taken; or, that the case should be passed on for adjudication either to the
national Adjudications Panel for England or to the local authority’s own
Self-Regulation in English Local Government 453
The next section outlines the methodology used to address these questions.
Methodology
The paper is based on 61 interviews conducted in eight local authorities
across England in winter 2005–06 (SBE, 2006). The subject of the paper has
not had a great deal of previous research attention so the aims of the
data collection were to explore variation in authorities rather than test
456 S. Greasley
Research Findings
All but one of our case studies had experienced at least one allegation
being investigated under the new framework. The authority which had
not experienced a case under the statutory framework did deal locally
with a probity issue prior to the 2000 Act. Among the authorities the
place of ethical governance in an organisation’s priorities was closely
related to past experience. In two authorities that had only experienced
isolated problems and where interviewees confirmed there were generally
good member–officer relations the ethical framework had a very low
profile. In the three cases where there had been serious problems in the
past there was inevitably a higher profile for the ethical framework
although not necessarily a consensus amongst interviewees about how it
should operate. This higher profile was reflected in greater attention to
the content and dissemination of organisational rules and values, in the
role of standards committees and chairs in two out of three of the
authorities and the higher salience of the ethical issues to political and
officer leadership roles.
functions beyond the statutory minimum had been written into the terms of
reference of the committee. Six out of the eight standards committees were
given responsibility for oversight of the whistleblowing policy, seven had a
role in responding to or overseeing elements of organisational regulation
(ombudsmen, external audit or corporate complaints policies), six were
involved in overseeing additional protocols such as the member–officer
protocol and five had an additional role related to oversight of the
authority’s constitution. There were also some idiosyncratic roles taken on
by the committees including an advisory role with respect to the local
strategic partnership and the council’s area structures. The number of
meetings varied from one to seven over the year. Committee agendas show
that responding to national consultations and reports appears to be a
significant part of the role of the committee in most of the authorities, other
activity related to drafting and monitoring protocols and training for
conduct of adjudications.
The formal terms of reference and agendas are indicators of what a
standards committee may do but they do not alone determine the way they
conduct their business. There were examples in the authorities of committees
with fairly wide terms of reference which remained largely focused on their
tribunal role. The style of the chair of the committee, its members and the
officer support are also important factors. Three broad types of standards
committees can be identified – lapdogs, watchdogs and guide dogs. Table 1
describes the work undertaken by committees of each type and also
describes the role of independent members.
The lapdog committee is ineffective at playing the regulatory role because
it does not have adequate resources or because there is political influence on
the way the committee works. There were no examples of this type among
the case studies but there was some evidence of party political influence in
the operation of two of the committees. In one authority an interviewee felt
that the presence of the majority group’s party whip on the standards
committee was preventing some issues being discussed. The second
committee had responsibility for recommending constitutional change and
this had caused some political conflict.
The watchdog version of the committee is focused closely on member
conduct, the operation of the statutory code and making sure that members
458 S. Greasley
A number of factors that limit the scope of the role that standards
committees take on were identified in interviews. There is the question of
legitimacy – in a democratic organisation, how wide a set of functions can
Self-Regulation in English Local Government 459
Conclusions
The system for managing conduct in English local government is in the
process of being reformed to simplify the code of conduct and put greater
emphasis on local self-regulation and supporting organisational cultures
(Lawton & Macaulay, 2004). This raises the question of whether local
authorities and their leaders recognise a need for local action to support
ethical cultures, whether they are willing and able to take these actions.
This paper has discussed the reasoning behind the move to a more
cultural approach to supporting good conduct and described how this is
happening in eight local authorities. The picture is varied, with some
standards committees more comfortable with the wider role than others. In
the case study authorities important factors influencing their work style
include the beliefs, experience and capacities of the chairs and the
monitoring officer, whether other elements of the authority were already
addressing particular aspects of the ethical environment and whether past
experience had made ethics highly salient. To a large extent those
interviewed who did not work directly with the standards committee saw
it as being a tribunal in waiting.
Even where a standards committee has taken a more active role it can
only be as part of the organisational infrastructure to support good conduct.
In the absence of a joint effort by different aspects of the organisation it is
unlikely that an ethical culture will be robust. The paper discussed two
important aspects – the informal processes of enforcement of good conduct
which occur within organisations and in particular the role of leadership
within these processes and more widely.
The first point to make is that although the formal apparatus of the
ethical framework is the most visible element, in many authorities it rests on
top of a wider base of informal peer monitoring and informal enforcement.
462 S. Greasley
Acknowledgements
The research reported in this paper was funded by the Standards Board for
England. I would like to thank the other members of the research team:
Lorraine Johnston; Gerry Stoker and Francesca Gains and also Gary
Hickey and Paul Hoey at the Standards Board for England and two
anonymous referees. The content of the paper is the responsibility of the
author alone.
Notes
1 These figures are available at: http://www.standardsboard.co.uk/Casesummaries/Monthly
StatisticalDigest (accessed 21 November 2006).
2 These categories are suggested in Ashworth et al. (2002).
Self-Regulation in English Local Government 463
References
Ashworth, R., Boyne, G. & Walker, R. (2002) Regulatory problems in the public sector:
theories and cases, Policy and Politics, 30/2, pp.195–211.
Ayres, I. & Braithwaite, J. (1992) Responsive Regulation: Transcending the Deregulation Debate
(Oxford: Oxford University Press).
Bovens, M. (1998) The Quest for Responsibility: Accountability and Citizenship in Complex
Organisations (Cambridge: Cambridge University Press).
CSPL (1997) Third Report of the Committee on Standards in Public Life: Standards of Conduct in
Local Government in England, Scotland and Wales, Cm 3702 (London: TSO).
CSPL (2005) Getting the Balance Right: Implementing Standards of Conduct in Public Life, Cm
6407 (London: TSO).
Downloaded by [Universiti Teknologi Malaysia] at 23:22 26 May 2016
Sosik, J. (2005) The role of personal values in the charismatic leadership of corporate
managers: a model and preliminary field study, The Leadership Quarterly, 16(2), pp.221–244.
Stott, T. (1998) Nolan, councillors and planning, Local Government Studies, 24(4), pp.46–63.
Turner, N., Barling, J., Epitropaki, O., Butcher, V. & Milner, C. (2002) Transformational
leadership and moral reasoning, Journal of Applied Psychology, 87(2), pp.304–311.
Downloaded by [Universiti Teknologi Malaysia] at 23:22 26 May 2016