» Introduction
» Executive Summary
» Background
This paper sets out, as a basis for consultation, the Lord Chancellor's proposals for a Code of Conduct for members of magistrates' courts committees and for the members of the panels that select them. Useful preliminary discussions have taken place between officials of the Lord Chancellor's Department and representatives from several bodies representing the magistrates' courts service and their views have been taken into account wherever possible.
Copies are being sent to:
Justices' Chief Executives for distribution to chairmen of Magistrates' Courts Committees and Selection Panels
members of the Magistrates' Courts Consultative Council
Department of the Environment, Transport and the Regions
Government Office for London
Home Office
Cabinet Office
HM Treasury
Association of London Government
Association of Police Authorities
If you would like to comment on any of the proposals in the paper, please send your responses to the following address by 31 March 2000:
Further copies of this paper can be obtained from the above address or by phoning 020-7210 8656.
When responding it would be helpful if you explain who you are and, where relevant, who you represent.
Please ensure that you mark your response clearly if you wish the Government to keep your name and the contents of your response confidential. Otherwise, your name and the general contents of your response may be made public in response to questions under the Open Government initiative.
1.1 Section 38 of the Justices of the Peace Act 1997 provides the Lord Chancellor with the power to impose sanctions on the Magistrates' Courts Committee (MCC), as a body corporate, in those instances where it has failed in its duty. There is no comparable power available to use for individual members and no sanctions exist for selection panels.
1.2 Although there is no current formal code or guidelines for the conduct of MCC members, MCCs themselves are encouraged to adopt the Nolan Principles. The power to introduce a statutory, national Code of Conduct for MCCs and selection panel members under section 39A of the JPA 1997 was taken in the Access to Justice Act 1999 and forms part of the package designed to improve the management of MCCs. The draft Code of Conduct, which can be found at the Appendix to this Paper, focuses on individual members and seeks to improve the probity and propriety of their actions. It also formalises what is already in place and will further enhance the way in which MCC members are accountable to the MCC itself and to the local community.
1.3 The Consultation Paper comprises four key sections:
Section A - Draft Guidance - details the draft guidance that will accompany the Code of Conduct Statutory Instrument. As well as giving some basic background information, the guidance goes though the Order, on a paragraph by paragraph basis. The guidance also includes sample forms for recording the 'Declaration of Financial and Other Interests' and offers of gifts and hospitality.
Section B - Implementation Arrangements - sets out the arrangements for implementing the Code of Conduct following the Order coming into effect. This is directed mainly to the Justices' Chief Executive who will be responsible for ensuring that MCC and selection panel members provide an undertaking agreeing to abide by the Code of Conduct.
Section C - Monitoring Arrangements - outlines three models for monitoring compliance with the Code;
Appendix - which is copy of the draft Statutory Instrument containing the Code of Conduct to be observed by members of magistrates' courts committees and members of selections panels for choosing such committees.
1.4 The Paper invites the views on a number of areas, particularly on the options for monitoring compliance with the Code as outlines at Section C. Views are also sought on various questions put throughout the paper. The questions are reproduced below.
Section A
Q1. Should this [financial interest] be limited only to a member and his or her spouse/partner? Or should it be widened to include other members of the family such as parents and/or children?
Q2. Apart from financial interest, what 'other interest' should be included?
Q3. On any issue on which an MCC or selection panel may have a direct interest (financial or otherwise), should that member:
participate fully in the decision making process? Or
participate only in the discussion? Or
withdraw from that part of meeting when discussion is taking place on the item on which he may have an interest?
Q4. Although the selection of the Chairman of a Police Authority is the responsibility of that body, and the Chairman of the MCC is the responsibility of that body, should the same individual be able to hold both offices?
Q5. Although there may be no actual conflict of interest, is the potential for, or perception of, conflict of interest too great?
Q6. Should any member of an MCC also sit on the police authority?
Q7. Are there any other issues which should be covered in the Code of Conduct?
Section C
Q8. Of the three models of investigative panels outlined, which model do you prefer?
1.5 Section 39A of the Justices of the Peace Act 1997 (JPA 1997) is a new provision inserted by section 86 of the Access to Justice Act 1999 (AJA 1999). It is intended to complement the Lord Chancellor's powers to require magistrates' courts committees to administer the magistrates' courts in an efficient and effective manner.
1.6 Legislation does exist on the membership, constitution and procedures of magistrates' courts committees (MCCs), and section 38 of the JPA 1997 provides the Lord Chancellor with a remedy by way of default powers to take action if he considers that a courts' committee is failing to properly discharge its duties.
1.7 A magistrates' courts committee is a body corporate responsible for overseeing both the effective running of the courts in their area and for the funds to provide that service. However, it is only right that individuals should be seen to be accountable for their actions. Section 39B of the JPA 1997 provides the power for the Lord Chancellor to remove such individuals from the committee or selection panel, should it ever become necessary.
1.8 It also clearly establishes that no regulations may be made embodying the code or an amended code without consultation.