Professional Documents
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Standards Report PDF
Standards Report PDF
14 June 2018
Please note that this is a confidential draft report with provisional findings and recommendations
Contents
1 Executive Summary ……… ……… … ………… ……… ……… ……… ……… ……… ……… ……… ……… ....…… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ……… ……… ……… ……… ……… ……… ……… ……… ……… .…… ……… ……… ……… ……… ……… …..……… ……… ……… …… ………… ……… ……… ……… ……… ……… ……… ……..…… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… …..................................................……… ……… ……… ……… … ….…… …….……… ……… ……… ……… ……… …… 3
Statement of complaint and outline of investigator recommendations as to
whether the member was acting in member capacity and, if so, whether he
breached the Code.
2 Official details of Councillor Emmett … ……… ……… ……… ……… ……… ....……… ……… ……… ……… ……… ………… ……… ……… ……… ……… ……… …..……… ……… ……… ……… ……… ……… ……… ……… ……… ……… .…… ……… ……… ……… ……… ....…… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ……… ……… ……… ……… ……… ……… ……..……… ……… ……… …..….… ……… ……… ……… ……… ….… 4
An outline of the members’ position and history in the Council.
3 The relevant legislation & protocols … ……… ……… ……… ……… ……… ……… …....… ……… ……… ……… ……… ……… …… ………… ……… ……… ……… ……… …..……… ……… ……… ……… ……… ……… ……… ……… ……… ……… .…… ……… ……… ……… ……… ....…… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ……… ……… ……… ……… ……… ……… ……..…… ………… ……… …..….… ……… ……… ……… ……… ….… 4
Relevant parts of the Localism Act 2011 and the Council’s Code of Conduct for
members.
4 The investigation … ……… ……… ……… ……… ……… ……… …....… …… ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… …..……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……....……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……..…… ……… ……… … ………… ……… ……… ……… ……… ……… ……… ……… …....… ……… ……… ……… ……… .…… ……… ……… ……… ……… ……… ……… ……..…… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ....…… ……… ……… ……… ……… ………… ……… ……… ……… ……… ……… ……… … 8
An outline of the sources of evidence obtained and the conduct of the
investigation.
5 The evidence ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… …… ……… ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ….… …….……… ……..…… ……… ……… ……… ……… …… 8
Factual reasoning on key disputed areas and findings of fact.
6 Have there been failures to comply with the Code of Conduct? ……… ……… ……… ……… ……… ……… ……… ….… ……… ……… …… 27
Investigator’s suggestions as to whether or not Councillor Emmett failed to comply
with the Code.
7 Recommendations ……… ……… ……… ……… …… ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ..… ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……..…… ……… ……… ……… ……… ……… ……… ……… ……… ……… ………… ……… ……… ……… ……… ……… ……… ……… 32
Investigator’s suggestions as to recommendations.
Annex: 33
2
Please note that this is a confidential draft report with provisional findings and recommendations
1 Executive Summary
1.1 ch&i associates was appointed by the Monitoring Officer at the London Borough
of Redbridge (the Council) to investigate complaints made by Councillor Aziz
Choudhury1 about the conduct of Councillor Roy Emmett.
1.2 Councillor Choudhury initially alleged that Councillor Emmett, in his role as Chief
Whip of the Labour Group, had bullied and intimidated in relation to a ‘tweet’
Councillor Choudhury had posted on his Twitter account on 24 November 2017.
Councillor Choudhury subsequently asked that the Monitoring Officer also
consider Councillor Emmet’s conduct in relation to his role in the Labour Group’s
candidate selection process prior to the 2018 Local Elections.
Provisional Recommendation
1.4 My approach in this case has been to equip the Council to determine the
allegations through any of the routes open to it, namely:
a. The member was not acting in councillor capacity therefore the code was
not engaged, and the member did not breach it;
b. The member was acting in member capacity, but did not through their
conduct breach any Code paragraph;
c. The member was acting in member capacity and breached the Code.
1.5 It is my provisional view that Councillor Emmett was not acting in councillor
capacity in relation to the allegations set out in paragraph 1.2 and therefore the
code was not engaged. While I consider that those matters referred to in
paragraph 1.3 do fall within the jurisdiction of the standards framework, my
provisional view is that Councillor Emmett’s conduct did not amount to a breach
of the Code. I therefore recommend that the Council take no further action with
regards these matters.
1 Councillor Choudhury did not stand in the most recent election and is therefore no longer a member of
the Council. For the purposes of this report however I will continue to refer to him as Councillor
Choudhury.
3
Please note that this is a confidential draft report with provisional findings and recommendations
2.2 Councillor Emmett sits on the following Committees for the Council
Councillor Emmett has been appointed by the Council to the following outside
bodies:
3.1 By section 27(1) of the Localism Act 2011 (the Act) a “relevant authority” is placed
under a statutory duty to “promote and maintain high standards of conduct by
members and co-opted members of the authority”.
3.2 By section 27(2) of the Act a relevant authority “must in particular, adopt a code
dealing with the conduct that is expected of members and co-opted members of
the authority when they are acting in that capacity”.
3.3 Under section 28(1) of the Act a relevant authority must secure that a code
adopted by it is, when viewed as a whole, consistent with prescribed principles
of standards in public life – the so called “Nolan principles”.
3.4 The intention of the legislation is to ensure that the conduct of public life in local
government does not fall below a minimum level which engenders public
4
Please note that this is a confidential draft report with provisional findings and recommendations
3.5 Under 28(6) of the Act, Local Authorities must have in place (a) arrangements
under which allegations can be investigated and (b) arrangements under which
decisions on allegations can be made. By section 27(7), arrangements put in
place under subsection (6)(b) must include provision by the appointment of the
authority of at least one “independent person” whose views are to be sought, and
taken into account, by the authority before it makes its decision on an allegation
that it has decided to investigate.
3.6 Section 28(11) of the Act provides that if a relevant authority finds that a member
or a co-opted member of the authority has failed to comply with its code of
conduct it may have regard to the failure in deciding (a) whether to take action in
relation to the member or co-opted member and (b) what action to take.
3.7 Under Section 27(2) of the Localism Act the Council established a Code of
Conduct for members within its Constitution (the Code).
3.8 The Code adopted by the Council includes the following paragraphs:
Part 1
Preliminary […]
5
Please note that this is a confidential draft report with provisional findings and recommendations
General Provisions
Scope
2. (1) Subject to sub-paragraphs (2) and (3), you must comply with
this Code whenever you –
(b) act, claim to act or give the impression you are acting as a
representative of the Council, and references to your official
capacity are construed accordingly.
(2) This Code does not have effect in relation to your conduct other
than where it is in your official capacity. […]
General Obligations
6. You –
6
Please note that this is a confidential draft report with provisional findings and recommendations
3.9 Part 3, Section 2 of the Council’s Constitution, titled ‘Standing Orders relating to
Cabinet and Committees’ includes:
34.1 Each municipal year, the Council will appoint the members of
each Committee. During the year, the Council may at any time
alter any committee’s membership.
7
Please note that this is a confidential draft report with provisional findings and recommendations
4 The investigation
4.1 This investigation was conducted by Alex Oram on behalf of the Council’s
Monitoring Officer. Alex is a director of ch&i associates, a company with a
successful track record of conducting complex investigations, assessments and
case reviews within the regulatory, charity, NHS and local government sectors.
Alex has been conducting member conduct investigations since 2003. He was
previously employed by Standards for England as a principal investigator
responsible for conducting many of their most complex, politically sensitive and
high-profile investigations into member conduct2.
4.2 During the course of this investigation I have considered documentary and / or
oral evidence provided by former Councillor Aziz Choudhury, Councillor Roy
Emmett, Councillor Bert Jones, Councillor Anne Sachs, former Councillor
Barbara White and the Council’s Monitoring Officer. I have also obtained
information from the Council’s website and various other internet sites.
6 The evidence
Matters related to the allegation that on 16 December 2015, Councillor Emmett
used his position to improperly influence the Chair of the Council’s Regulatory
Committee in relation to a planning application concerning Jacques Hall
Background
5.1 On 26 November 2011 it was reported in the Eastern Daily Press that the Council
were preparing to award the Hainault and Chigwell Muslim Association (HCMA)
a 25-year lease for Jacques Hall (also known as Hainault Community Centre,
New North Road Community Centre and 628 New North Road3). The article
stated that more than 100 local residents, who had apparently been involved in
a failed bid to re-open the building, were protesting the decision on the grounds
that the HCMA were intending to turn the Centre into a mosque.
2 Alex is not a lawyer and any information in this report should not be construed as legal advice; all
reasoning is based on his extensive experience of having conducted over 300 standards investigations
3 The building was formerly Hainault Working Men’s Club, which was closed in 2008
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Please note that this is a confidential draft report with provisional findings and recommendations
5.2 Councillor Emmett told me at interview that historically there had been significant
tension in the area between the local Muslim community and a relatively small
group of residents; he had first become involved in 1998 over a dispute
concerning a plot of land that had been sold by Transport for London to the
Muslim Community for use as a cemetery. Councillor Emmett said that there had
been incidents of racism and that he had been threatened on more than one
occasion. Councillor Emmett told me that those who had opposed the cemetery
seemed to then turn their attention to the Community Centre.
5.4 Anecdotally I have been told that there was significant opposition to the HMCA’s
management of the Community Centre. It was reported that local residents had
complained about a number of ‘conditions of use’ that included the prohibition of
drinking alcohol, eating pork, people wearing shoes, music, dancing and the
mixing of boys and girls in the Centre. It was further alleged that the Centre was
being now being used as a mosque, in breach of the Council’s lease and without
the necessary planning permission.
9
Please note that this is a confidential draft report with provisional findings and recommendations
alleged that at the event one of the Labour candidates had said “all other parties
are racist except the Labour party”5. Councillor Poole asked the Council to
provide an assurance to the local residents of Hainault that everything possible
would be done to ensure that the community centre that was promised (and that
had received public funding) would be open for use by the whole community. Mr
Poole stressed that Jacques Hall should not be allowed to become used as a
political base for the Labour party in Hainault or a place of religious worship,
contrary to the lease agreed and the planning permission granted. Councillor
Zammett replied that it was very clear that Jacques Hall was available to all faiths
and all groups in the community. Councillor Zammett would not comment on what
might have been said at the meeting, which he referred to as being held on 16
May 2014, however he was absolutely certain that the Labour party would not be
looking to use the facility as a political base in Hainault.
5.7 Councillor Choudhury told me that when former Councillor Poole had originally
raised his concerns about links between the Labour Group and HCMA he
dismissed them because they just ‘sounded odd’; he believed that Mr Poole was
just trying to use the situation to attack the Labour Group out of bitterness, having
just lost his Hainault seat on the Council. Councillor Choudhury said though that
he reconsidered his position in light of Councillor Emmett’s subsequent actions.
5.9 By November 2015, the Council had received several complaints and a petition
which asserted that local residents were being excluded from the Centre and that
it was being used as a mosque.6
5.10 The Regulatory Committee report, provided to members prior to the meeting,
detailed the various representations in relation to the application. The
representations included a detailed letter from former Councillor Poole which
reiterated his concerns about the way in which the Centre was being used; why
would the Council accept that the Community Centre was not being used as a
place of worship while considering an application that was directly linked to the
Muslim religion The Council received four letters of objection; these largely
focused on problems with car parking; the alleged use of the Centre as a place
of worship and problems with noise. The Council also received nearly forty letters
of support; while many made a point of stressing that Jacques Hall was a multi-
faith centre open to the entire community, several letters said that it needed the
opening hours extended during Ramadan for prayer.
5 I understand that this is alleged to be Councillor Hehir. I also note that he has denied the allegation.
6 A subsequent Council investigation concluded that the level of worship at the Centre was minimal and
that the planning rules and the terms of the lease had not been breached.
10
Please note that this is a confidential draft report with provisional findings and recommendations
5.11 On 16 December 2015, Councillor Emmett emailed Councillor Bert Jones (Chair
of the Council’s Regulatory Committee7) as follows:
“One item on tomorrow’s agenda is for the Community Centre at 628 New
North Road. The application is for and [sic] extra hour during Ramadan.
The Chair of the centre, Dr Hameed, has asked me to request support
from the Labour members. This is, I understand, in line with
recommendations. The Community Centre is not perfect (what is) but Dr
Hameed and the centre have supported Labour candidates, and the
centre has made premises available for a meeting between LBR officers,
councillors and local businesses. I’d be grateful if you do your best.
Thanks. Roy Emmet.”
5.12 Councillor Choudhury told me that Councillor Jones provided him with a copy of
Councillor Emmett’s email a few months after it had been sent, telling him that
he had thought it ‘odd’ to be lobbied in such a manner. Councillor Choudhury
said that the email made him reconsider the concerns that had been raised by
Mr Poole; he questioned whether Councillor Emmett was trying to ensure that Dr
Hameed’s planning application was approved as a favour to him because the
Community Centre supported the Labour Group. Councillor Choudhury told me
that whenever he was lobbied by his constituents about planning matters he
would ensure that he always told them that he could not get involved; it was the
responsibility of the Planning Committee to make evidence-based decisions.
Councillor Choudhury said that he considered Councillor Emmett’s email wholly
inappropriate.
5.13 Councillor Jones confirmed at interview that he too had been surprised to receive
Councillor Emmett’s email because he did not think it an appropriate ‘channel’ of
communication; “I didn’t think he should be lobbying me as Chair regarding an
application that he wanted approved in his own ward. He could have addressed
the Committee on the night when the application was being considered or asked
someone to speak at the meeting on his behalf.” Councillor Jones told me that
no other councillor has ever emailed him privately to seek his support for a
planning application. He also confirmed that this was the only time that Councillor
Emmett has ever lobbied in him in this manner.8
11
Please note that this is a confidential draft report with provisional findings and recommendations
5.14 Councillor Jones told me that he chose not to respond to Councillor Emmett’s
email and confirmed that it played no part in his subsequent considerations.
Councillor Jones said that he shared the email with Councillor Choudhury
because he wanted to discuss whether he should raise his concern with the
Labour leadership; Councillor Choudhury advised him to ‘just leave it’. Councillor
Jones did make the point that this occurred before Councillor Emmett was
appointed as Chief Whip; he would have possibly been more concerned if he had
received such an email from the Chief Whip. Councillor Jones also commented
that the actual planning application was fairly straightforward; it was already
being recommended for approval by the planning officers and, based on what he
had seen up until that point, he saw no reason as to why it should be rejected.
5.15 Councillor Emmett told me that he and Dr Hameed do not have a close
association and confirmed that the Labour Party were not using Jacques Hall as
a ‘base’. Councillor Emmett told me that the one meeting he recalled being held
there (referred to in his email to Councillor Jones) was a community meeting that
he had arranged to try and resolve an issue with a narrow road that was causing
difficult for delivery drivers; this meeting concerned Council (rather than Labour
Group) business and included the Council’s Head of Enforcement9. Councillor
Emmett said that the other community centre in the area did not have enough
space and so he contacted Dr Hameed and asked if the Council could use
Jacques Hall; he agreed at no charge because the meeting was for the benefit
of the community. Councillor Emmett added that he knew nothing about the claim
that a Labour candidate had allegedly made the comment “all other parties are
racist except the Labour party” at a meeting in the Community Centre in the run
up to the 2014 Local Elections.
5.16 Councillor Emmett told me that he emailed Councillor Jones after Dr Hameed
contacted him (as his ward councillor) to inform him that he had submitted the
application and ask if he was prepared to support it. Councillor Emmett
acknowledged that he did not often get involved in planning matters; in this
instance though he agreed to have a look at it. Councillor Emmett said that having
done so (and found that it appeared to be a very minor extension to opening
hours for a very limited period that already had planning officer support), he
decided to email Councillor Jones (as Chair of the Regulatory Committee ) to let
him know he (as the relevant Ward Member) was in support of the application.
Councillor Emmett denied that he was in any way instructing Councillor Jones to
make sure that it was approved, confirming that he expected and received no
response from him.
5.17 Councillor Emmett said that he sent an email (rather than, for instance, going to
the meeting to address the Committee) because at that time he was being treated
for lymph gland cancer and was having radiotherapy; this made talking
particularly difficult. Councillor Emmett confirmed that he could not recall
conveying his position on a planning application within his Ward in this manner
on any other occasion and he expressed regret for having done so in this
instance. Councillor Emmett was clear that he did not consider his actions to
9Councillor Emmett did acknowledge that when he was inviting members of the Council to the meeting
he inadvertently only sent the email to Labour Group members; “which I regret was a mistake on my
part and only worded in such a way because the majority of the Council was Labour”
12
Please note that this is a confidential draft report with provisional findings and recommendations
have been improper; the planning process allows for Ward members to indicate
whether they support or object to planning applications within their Ward.
Councillor Emmett said that in hindsight though it would have been better to have
sent the email to all members of the Planning Committee, rather than just
privately to the Chair, as this would have been more open and transparent.
Additional matters
5.19 As stated above, following his complaint against Councillor Emmett, Councillor
Choudhury drew my attention to the concerns Mr Poole had originally raised in
2014 (as set out in paragraph 5.5 and 5.6 of this report). Councillor Choudhury
said that when Councillor Poole’s concerns are corroborated, it will demonstrate
that Councillor Emmett’s email to Councillor Jones was effectively an attempt to
fix a planning application for a property that was being used as a base for the
Labour Party. Councillor Choudhury acknowledged at interview that he had
chosen not to raise any concerns about the matter at the time Councillor
Emmett’s email initially came to his attention (mid 2016) because at that time he
did not believe that Mr Poole’s concerns had merit. Councillor Choudhury also
told me that that he had no other evidence to offer the investigation with regards
this matter, either in relation to the Labour Group’s alleged use of the Community
Centre as a base or Councillor Emmett doing ‘favours’ for Dr Hameed in return.
Councillor Choudhury indicated that his position on the matter had changed as a
result of witnessing first-hand the way in which Councillor Emmett was prepared
to behave towards him.
a. A letter from the Charity Commission confirming that guidance had been
sent to the HCMA after it had been brought to their attention that the
charity had been engaging in political activity;
13
Please note that this is a confidential draft report with provisional findings and recommendations
5.21 While it is not within the scope of this investigation to look into the leasing
arrangements between the Council and Jacques Hall13, the alleged relationship
between Councillor Emmett and Dr Hameed is relevant to my considerations; if
it were shown that they had a ‘close association’ / were friends, then his
involvement in HCMA’s planning application would almost certainly be
considered improper. I have seen no compelling evidence to support the
contention that their relationship went beyond that of ward member and
constituent however. Further, while I accept that Dr Hameed and even HCMA as
whole might be Labour supporters14, I would have expected Councillor
Choudhury (as a senior member of the Labour Group at that time) to have been
able to offer some evidence of a relationship between the two had the Labour
Party / Councillor Emmett been using Jacques Hall as a ‘base’. I will consider
whether Councillor Emmett’s email of 16 December 2015 amounts to a breach
of the Code below. I would comment at this stage though that Councillor
10 Mr Poole alleges that the receipt of the champagne evidences political interference in the planning
process. Councillor Prince was a Conservative member of the Council and its former Leader. In 2016
Councillor Prince was elected to the Greater London Authority; he is no longer a member of the Council
and was not a member of the Regulatory Committee that approved the application.
11 Mr M Mughal is also alleged to share an address with Mr S Mughal, HCMA’s ‘independent auditor;
14
Please note that this is a confidential draft report with provisional findings and recommendations
“At no point did I decide I would not turn out, it was advice given to me
by both the Leader and the Chief Whip. Of course we all have to make
decisions, yet with Gurdial [Councillor Bhamra] as Mayor not a single
fellow councillor has no Labour ward colleagues in a marginal ward.
When did I ever claim the Muslim community are not my constituents?
Plus, how do you know I would support the application in any case.
Our electoral success relies on us being strategically intelligent not just
make decisions because they are character building. However, if no
substitutes are forthcoming I will of course be there. I have not and will
not miss a single meeting if it can be avoided, in fact I have already
subbed in for an extra two on your committee Councillor Javed.”
The exchange appears to have ended when Councillor Athwal then emailed all
parties: “Thanks Lloyd. [Councillor Duddridge]. End of conversation please, that’s
how we fall out. This is a great time to be a Labour Councillor locally, lets enjoy
it.”
5.27 When the relevant Regulatory Committee meeting did subsequently take place,
on 27 July 2016, Councillor Duddridge was in attendance. Apologies for absence
were received though from Councillors Ahmed (Labour), Chaudhary
(Conservative), Hayes (Conservative), Merry (Labour) and Stark (Conservative);
Councillors Z Hussain, Mrs Huggett, Best, M Ahmed and Canal substituted
respectively. The application relating to 10-14 Mulberry Way was not considered
however, having been withdrawn prior to the meeting16. The application was
eventually dismissed at appeal on 31 January 2017.
5.28 Councillor Choudhury told me that this was a clear example of the Labour Group,
through Councillor Emmett, politicising the Council’s planning process.
Councillor Choudhury said that planning decisions are meant to be made by a
quasi-judicial and objective committee; the strategic use of substitutes as
demonstrated above suggests that the Labour leadership is deciding what
outcomes they want from certain planning applications and then choosing which
members should attend to make it most likely that the desired decision is
achieved; Councillor Choudhury said “it is some sort of predetermination…it is
immoral and a breach of the Code.”
15 Councillor Duddridge lost his seat at the May 2018 Local Election; I will continue to refer to him as a
councillor for the purposes of this report.
16 The planning officer report initially recommended approval, however in discussions prior to the
meeting it was established that the applicant was not prepared to enter into a 25-year lease for the
provision of car parking to be used in conjunction with the development. In the absence of a
commitment to provide parking over the long term the Council considered that the proposal would pose
an unacceptable risk to highway safety and convenience and would adversely affect the amenity of
nearby residents
16
Please note that this is a confidential draft report with provisional findings and recommendations
5.30 Councillor Jones told me that he had shared Councillor Choudhury’s concerns
about the use of ‘political substitutes’. Councillor Jones said that in the past, if a
member of any Committee could not attend a meeting then they were individually
responsible for finding a suitable substitute (in terms of planning, this means
getting another councillor who has received the necessary training). Councillor
Jones said that there were incidences of councillors sending in their apologies at
late notice without having arranged a substitute; in those circumstances it was
he (as Chair) who was usually left to find a replacement.
5.31 Councillor Jones said that after Councillor Emmett became Chief Whip the policy
changed: “I can’t recall exactly when the policy changed, but it was decided that
the Chief Whip would be responsible for finding substitutes. I have been chairing
Planning Committee meetings for a long time and initially in principle, I didn’t
have a problem with this change. I remember a thread of emails regarding whose
responsibility it was to arrange substitutes and I was happy to allow Councillor
Emmett to deal with it. It became a cause for concern when members were giving
their apologies and not attending meetings for applications that were
controversial in their own ward and yet they would publicly attend other events
on the same evening. The motivation for this could be a mixture of two things;
deliberately substituting people from the planning committee to protect them from
emotive controversial applications within their own ward or carefully choosing
councillors who you think will be most inclined to vote the way you want them to.”
5.32 Councillor Jones said that on those occasions where members were substituted
despite clearly being available to attend, he did not know whether the changes
were driven by Councillor Emmett (as Chief Whip), the leadership of the Labour
Group or the individual councillors themselves; on the occasion relevant to this
investigation though it was clearly not Councillor Duddridge who made the
decision. Councillor Jones added that Councillor Emmett and Councillor
Duddridge were friends and active members of Ilford North Labour Party.
According to Councillor Jones, Councillor Emmett arranged for Councillor
Duddridge to be substituted on a number of occasions, almost certainly in an
attempt to protect him politically from being involved in controversial decisions
that might have impacted on his chances of being re-elected. Councillor Jones
said that while he was sure that Councillor Emmett was not personally benefitting
in any way by doing so, it did concern him that Councillor Emmett appeared to
give preferential treatment to certain Labour members (by keeping them out of
the firing line) whilst not doing it for others.
5.33 Councillor Emmett told me in the first instance that Councillor Jones was
mistaken when claiming that he, as Chief Whip, had taken sole responsibility for
17
Please note that this is a confidential draft report with provisional findings and recommendations
finding substitutes. Councillor Emmett said that the responsibility still rests with
the individual members to find a suitable replacement if they are unable to attend
a meeting. He did confirm though that he has perhaps been a bit more hands on
than previous Chief Whips, pointing out that his job is to be the business manager
of the Labour Group and to deliver a coherent, united, loyal team for the Leader
and the Cabinet. Councillor Emmett said that as Chief Whip he has tried to
ensure that the Labour Group always had full attendance at Committee meetings
and therefore he has said to members that if they know of a problem they should
contact him so that he can try to find a suitable substitute. Councillor Emmett said
that the current arrangements were far from ideal, especially as it often involved
him having to act as substitute (though not on Planning, as he has not received
the necessary training). Councillor Emmett provided me with a copy of a paper
he had written entitled ‘Fixed substitutes’, which recommends that the Group
appoint fixed substitutes on all committees. This would ensure that all members
know which Committees they might be called on to act as a substitute, thereby
enabling them to keep up to speed on the matters relevant to that Committee and
prepared to make informed decisions when called on to do so. Councillor Emmett
said that the Group have not yet adopted this.
5.34 Councillor Emmett said that in terms of the Planning / Regulatory Committee,
there is always only a limited pool of councillors who are able to substitute
because only members who have received the necessary training can do so.
Councillor Emmett said that in terms of the email exchange detailed above; he
believes that he had a discussion with both Councillor Duddridge and Councillor
Athwal about the matter prior to sending the email. Councillor Emmett told me:
“It was quite a delicate issue. A brand-new councillor [Councillor Duddridge] had
worked hard to get to know his ward and it was his idea that he should be on the
Regulatory Committee. Oftentimes, things go to a Committee that are important
to your ward and important to you [as a councillor], but you’re not on that
Committee. You want to be seen to be supporting your Ward so you might ask a
committee member to stand down so that you can go to the relevant meeting and
vote on the matter… in this instance there was an element [of the opposite];
withdrawing Councillor Duddridge because of the emotive situation he was in.
He was a new member and he’s in a ward that isn’t heavily Labour and has never
historically been Labour, so the Group didn’t want him to be seen to make a
decision that could alienate his voters. There was a decision going to be made
that would almost certainly upset a vast proportion of his electorate, so I made a
general request for a substitute; not asking for a particular person, just someone
with the relevant training on the circulation list.”
5.35 Councillor Emmett strongly denied the allegation that the decision to substitute
Councillor Duddridge was taken in order to achieve a particular outcome in
relation to the planning application; he is well aware that planning decisions
cannot be predetermined and members cannot be ‘whipped’. Councillor Emmett
acknowledged though that the decision to substitute Councillor Duddridge17 was
taken for a political purpose; to protect Councillor Duddridge from being involved
in a controversial decision that might detrimentally impact on his ability to be re-
17
It should be reiterated that in the event, Councillor Duddridge was not substituted and did attend the
meeting
18
Please note that this is a confidential draft report with provisional findings and recommendations
elected in a marginal ward. Councillor Emmett said that as far as he was aware
the Group were entitled to do this; it is for the Labour Group to decide which of
its representatives sit on the various committees and the law allows them to
change that on a per meeting basis. Councillor Emmett said that he could
understand why the use of substitutes might cause people concern given the
nature of the allegations; in his view it re-enforces his belief that using fixed
substitutes would be beneficial.
Additional matter
5.36 Following the publication of the email exchange detailed above on social media,
the Council’s Monitoring Officer received an anonymous complaint about
Councillor Emmett’s conduct as follows;
‘The first email, dated 25 July 2016, shows Councillor Roy Emmett
discussing the planning application for a mosque in Roding ward, where
he says it is ".. believed best " that Councillor Lloyd Duddridge should not
be on the committee which considers that specific application. Councillor
Emmett's request for a substitute member to serve is disputed by
Councillor Javed in a reply on 25 July on the grounds that "The Muslim
community are also his constituents and they expect their representatives
to speak on their behalf.” The pressure exerted by Councillor Emmett,
the Chief Whip of the ruling group, on one councillor, not to decide on a
particular planning decision and to replace them with a substitute,
revealed by the July 2016 email exchange, breaches the prohibition on
planning decisions being subject to a party whip and not being decided
on their own merits. See the statement on page 10 of Probity in Planning
of the Local Government Association that use of political whips to
influence the outcome of a planning application is likely to be regarded
as maladministration. The reason Councillor Duddridge was removed
from the committee was not because he had a predetermination for or
against the application, as in an email of July 25 [where] he states " Plus
how do you know I would not support the application in any case”
Therefore in improperly attempting to influence a decision that should not
be whipped, Councillor Emmett has broken Part 2 of the Redbridge Code
of Conduct.
19
Please note that this is a confidential draft report with provisional findings and recommendations
Athwal and Emmett in the emails also breach part 6a of the Code
stipulating councillors "must not use or attempt to use your position as a
Member to improperly confer on , or secure for yourself, or any other
person , an advantage or disadvantage" The emails indicate there was a
predetermination to support the Woodford mosque on the part of the
Leader and the Chief Whip , shown by their determination to remove
Councillor Duddridge from the committee on the date due to decide its
approval . The reply by Councillor Duddridge that "our electoral success
depends on our being strategically intelligent.." also indicates planning
decisions are made by members of the ruling group on party political
grounds, rather than in the public interest. Decisions made for political
advantage have been found by the courts to be illegal, as in the case of
Porter v Magill’
This complaint has not been formally referred for investigation; indeed, it is not
within the scope of my investigation to make any recommendations with regards
Councillor Athwal’s conduct. The Monitoring Officer has indicated though that the
existence of the complaint and my thoughts on those aspects that relate to my
investigation should form part of this report.
5.37 Based on the evidence I have seen I am satisfied that Councillor Emmett, acting
as Chief Whip, sought a substitute for Councillor Duddridge so that he would not
have to take part in a decision concerning an application for a new mosque within
his ward. The investigation has established that Councillor Duddridge was
available and willing to attend, however the Labour Leadership (through
Councillor Emmett) decided that the use of a substitute would be politically
advantageous.
5.38 Having said that, I am also satisfied that this decision was not taken on the basis
that Councillor Emmett was seeking to in to influence the actual planning decision
being made or ‘whip’ his Group into voting a particular way; I have seen no
compelling evidence to support the allegation that any member was
predetermined in relation to the application referred to. I consider it relevant the
email requesting somebody to volunteer to take Councillor Duddridge’s place
was sent to the entire ‘pool’ of members who were sufficiently trained to substitute
onto the Regulatory Committee. I consider it far more likely that Councillor
Emmett sought a substitute in order to minimise the impact an unpopular decision
might have on Councillor Duddridge’s future electoral success18. I will consider
below whether this amounts to a breach of the Code.
5.39 In February 2017 Councillor Emmett wrote his ‘Chief Whip’s report’ in relation to
Councillor Choudhury (the report). The report was sent to the Labour Group’s
assessment team to assist them in choosing who would stand for the Labour
Party in Redbridge at the Local Council elections in May 2018. Councillor
18it seems that a decision either way was likely to upset a significant number of Councillor Duddridge’s
constituents
20
Please note that this is a confidential draft report with provisional findings and recommendations
Emmett’s report included numerous comments that were very critical about
Councillor Choudhury, both in terms of his contributions as a councillor and his
character. Councillor Emmett did not recommend that he be selected again as a
Labour candidate.
5.40 Councillor Emmett told me at interview: “My Chief Whip’s report of Councillor
Choudhury was not great and there were three other members who also got
adverse reports at that time. I am required to produce these reports and I try to
write them taking into account all matters. It is near impossible to form close
relationships with all councillors and being my first year as Chief Whip, I was
heavily dependent on records. I also talked intimately with the Leader [Councillor
Athwal] and the reports were produced in conjunction with the leadership. I had
only been doing the job since March and these were produced in October, so I
didn’t want to put my name to something that I didn’t understand.”
5.44 As part of the selection process Councillor Bert Jones (as Branch Secretary) had
also written Councillor Choudhury a testimonial for the attention of the
assessment panel. Councillor Jones’ report was very complimentary, both about
Councillor Choudhury’s character and his work as a Labour Group councillor.
5.45 In his complaint Councillor Choudhury said that when Councillor Emmett became
aware of Councillor Jones’ report he threatened Councillor Jones, demanding
that he retract it.
21
Please note that this is a confidential draft report with provisional findings and recommendations
5.46 This was confirmed by Councillor Jones, who told me that immediately after a
Labour Group Executive meeting, Councillor Emmett called him into his office 19
to discuss Councillor Choudhury’s candidature. Councillor Jones said that
Councillor Emmett told him that if he stood by the report he had written supporting
Councillor Choudhury, his political career would be ruined and he would be
ruined. Councillor Jones said that he refused to be threatened and left the
meeting; he told me that he was so shocked however that he made a
contemporaneous note detailing the exchange immediately afterwards.
Councillor Jones added that since this threat was made, he has been removed
as Chair of Planning and then deselected from Goodmayes ward under unusual
circumstances; he did tell me though that he does not know whether Councillor
Emmett was ‘behind it’ and suggested that it was more likely Councillor Athwal.20
5.47 Councillor Emmett confirmed at interview that he had called Councillor Jones into
his office to talk to him about the testimonial he had written for Councillor
Choudhury: “He was branch secretary and he wrote a report that was inaccurate.
I got the papers from Councillor Choudhury’s solicitors saying that my report was
at odds with that of the branch secretary’s. On reviewing the branch secretary’s
report, I found that he had claimed that Councillor Choudhury had attended
training, but I had previously obtained a list that showed that Councillor
Choudhury had not been to a single training session. I confronted Councillor
Jones on this matter and asked him where he got his information from, even
telling him about the training session list of attendees I had. I was giving him a
chance to save his reputation and distance himself from this matter but he
refused, saying that he would stand by his report. I concur that I told Councillor
Jones that when it goes to court [as a result of Councillor Choudhury’s legal
action] I would demonstrate that he had lied in his statement. When I told him he
would be ruined, I meant in terms of being exposed as lying when it went public.
I was not saying that I would see to it that he was ruined.”
Councillor Choudhury told me that the Labour Party’s lawyers eventually made
him an offer on 19 December 2017 ‘after months of litigation’. The proposals
included Councillor Choudhury being be interviewed by a fresh panel
(assessment team) on 25 January 2018, who would not have access to the Chief
Whip’s report. Councillor Choudhury said that Councillors Emmett and Athwal
were not happy about the Labour Party’s proposal and did what they could to
ensure that he would be discouraged from seeking reselection. Councillor
Choudhury confirmed that he eventually took the decision not to seek the
candidature.21
wish to compete against Councillor Jones for the one remaining seat in Chadwell ward; the other two
seats in the ward had been restricted to female candidates only.
22
Please note that this is a confidential draft report with provisional findings and recommendations
5.48 Councillor Sachs told me that the dispute between Councillor Choudhury and the
Labour Party, which came about as a result of Councillor Emmett’s report, meant
that the selection process for Chadwell ward did not take place until 8 weeks
before the election, causing her a great deal of stress and anxiety.
5.49 Councillor Choudhury told me that he was not the only Labour group councillor
who had been targeted by Councillor Emmett, saying that Councillors Shakil
Ahmad, Mohammed Ahmed and Barbara White also found that he had effectively
used his Chief Whip’s report to conduct a character assassination in order to get
rid of them. Councillor Choudhury said that he was confident that this was done
at Councillor Athwal’s behest, however he could not prove this and so had not
made a complaint against him.22
5.50 During the course of the investigation, the Council’s Monitoring Officer passed
me an email from Councillor White23 in which she expressed serious concerns
about the way in which she had been treated during the selection process, both
by Councillor Emmett and Councillor Athwal.24 Councillor White told me that
Councillor Emmet lied about her on his Chief Whip’s report; she also alleged that
he worked in conjunction with Councillor Athwal, who she alleges deliberately
misled the assessment panel in order to secure her deselection and cover up his
own failings.25
5.51 Councillor Emmett told me that the four members who received negative
reports26 did so because there were genuine issues with their performance as
councillors. “I can’t comment on the suggestion that I made these reports
because the Group no longer wanted them in. As far as I’m concerned, I produce
what I believe to be an accurate report of the person and their behaviour and if
in any way that report is inaccurate, they can go through the appeals process,
and express their concerns before the assessment panel. I can understand
Councillor Choudhury’s displeasure about his report.”
5.52 Councillor Emmett made the point at interview that he does not see his role as
Chief Whip as his ‘conducting Council business’. Councillor Emmett said that he
is appointed to the position by the Group and what he does is Labour Party /
Group business.
5.53 When asked why he felt that these fell within the jurisdiction of the Council’s Code
of Conduct (rather than being solely a matter for the Labour Party to deal with),
22 Councillor Choudhury said that a few years ago he was in Councillor Emmett’s ‘position’, in that he was
used by Councillor Athwal to maintain control within the Party. Councillor Choudhury provided the
investigation with emails from several years ago that he claims evidences Councillor Athwal’s conduct,
emails that he says will form part of a pending legal action. These emails fall well outside the jurisdiction
of my investigation and therefore I will make no further reference to them in this report.
23 Councillor White stopped being a councillor in May 2018; however, I will continue to refer to her as
my reasoning below in relation to the allegations against Councillor Emmett may assist the Monitoring
Officer in her considerations as to what, if any, action need be taken.
25 Again, Councillor White told me that she had made a complaint to the Labour party about this matter
23
Please note that this is a confidential draft report with provisional findings and recommendations
Councillor Choudhury made the point that the local Labour Party only ever
appoints a sitting councillor as the Chief Whip. He told me: “It is to be noted that
Councillor Emmett was not merely writing a report but was providing a ‘reference’
about me in his role as a Councillor to an external body / individuals who
understandably would have taken his assertions as facts. Councillor Emmett very
clearly lied about many things including me allegedly trying to use my privileged
position as a Councillor to access someone’s file. The Nolan Principles of Public
Life require that Councillors act Objectively and Honestly. It is abundantly clear
that Councillor Emmett in providing the false reference about me did not act in
such a manner, which is acknowledged in the Labour Party’s lawyer’s letter dated
19th December 2017 which stated that they would have an ‘objective’ report
written by somebody else thus acknowledging that Councillor Emmett’s was not.
Unfortunately, by that time it was too late as Councillor Emmett had done
irreversible damage to me.” I will consider this matter further below.
Matters related to the allegation that Councillor Emmett bullied and intimidated
Councillor Choudhury relation to a ‘tweet’ he had posted on his Twitter account
on 24 November 2017.
5.55 Councillor Choudhury told me that he had been returning from Friday prayers
when he was approached by a distressed constituent who asked him what he
(as his ward councillor) was going to do about all the leaves on the pavement.
Councillor Choudhury said that he reported the matter to the Council via email;
he also tagged the Council into his Tweet as this was another way of reporting
such issues.
24
Please note that this is a confidential draft report with provisional findings and recommendations
1. The problem (the fallen leaves) will go unreported and therefore not
be dealt with.
I need hardly tell you that these are very serious concerns. I wish to
discuss this very serious matter with you and would ask that you;
b. Offer two dates when we could meet in my office for the discussion.
5.57 Councillor Choudhury said that Councillor Emmett’s aggressive and bullying
response to his tweet was no doubt related to his ongoing action against the
Labour Party (as set out above). Councillor Choudhury drew my attention to a
tweet from Councillor Kayer Chowdhury, which showed pictures of Conservative
leaflets littering the roads and pavement; Councillor Chowdhury commented “Hi
@RedbridgeLive, can you flag this up to our cleansing team, please. 100s of
these leaflets strewn all over Gaysham Avenue road and pavements, and wider
area. They appear to be leaflets for the Conservative candidates in Fullwell.”
Councillor Choudhury pointed out that no action was taken with regards this
tweet, demonstrating the double standards within the Labour Group and
supporting his contention that he was being specifically bullied by Councillor
Emmett.
5.58 Councillor Choudhury responded to Councillor Emmett’s email with the following:
25
Please note that this is a confidential draft report with provisional findings and recommendations
around my door and I got quite panicky. I had several emails and unwanted
contact from Councillor Emmett despite me informing him that he should stop”.
5.61 Councillor Sachs told me that Councillor Emmett did subsequently raise the
matter at the Labour Group Executive meeting, telling those present that it was
serious disciplinary matter. Councillor Sachs said she queried this, saying it was
trivial and shouldn’t be pursued. Councillor Sachs said that no one took any
notice of what she said; the Executive requested that Councillors Singh Bola,
Merry and Hehir investigate whether there was a case to answer. Councillor
Sachs says that she understands that they all found that there was indeed a case
to answer.
5.62 Councillor Choudhury said that he eventually had to go to his GP due to feelings
of stress and anxiety over the way in which he was being harassed. On 16
January 2018, Councillor Choudhury emailed the Council Leader’s PA, copying
in the among others the Council’s Chief Executive and Monitoring Officer: “After
ten months of racial harassment by a fellow Labour Councillor, I have been today
signed off sick by my doctor due to heavy chest pains… please pass on my
apologies for all forthcoming council/group meetings and kindly arrange
substitutes as required”.
5.63 At the time of interview, Councillor Choudhury said that as far as he was aware
the matter was still ongoing however no one would officially confirm what was
happening, despite the fact that he had asked Councillor Singh Bola27 for an
update. Councillor Choudhury stated: “I believe that Councillor Emmett, with the
support/encouragement of [Councillor] Jas Athwal, is bullying me by proxy and
is playing psychological games to try and break me. Unfortunately, this has
somewhat worked as I have been signed off sick since the middle of January and
am on prescribed anti-depressants as a direct result of Councillor Emmett’s
negative treatment of me for over a year.”
27Councillor Choudhury told me that Councillor Varinder Singh Bola was the Labour Group Secretary
and had volunteered to be on the investigating panel.
26
Please note that this is a confidential draft report with provisional findings and recommendations
6.2 Before I can consider whether Councillor Emmett’s conduct amounts to a failure
to comply with the Code of Conduct however, there is a complicating factor that
must be considered; could Councillor Emmett be said to have been acting in his
official capacity when the alleged conduct took place?
6.3 The Code, in defining the scope of its operation, uses ordinary descriptive
English words. Their application is inevitably fact-sensitive and so whether or
not a member is acting in their official capacity calls for informed judgment with
reference to the facts of a given case.
Official Capacity
6.4 Section 27(2) of the Localism Act 2011 requires all relevant authorities to adopt
a code of conduct "dealing with the conduct that is expected of members ... when
they are acting in that capacity"; this is consistent with the wording used in the
Council’s Code, which provides.
2. (1) Subject to sub-paragraphs (2) and (3), you must comply with this
Code whenever you –
(b) act, claim to act or give the impression you are acting as a
representative of the Council, and references to your official
capacity are construed accordingly.
(2) This Code does not have effect in relation to your conduct other
than where it is in your official capacity. […]
6.5 While I am sure that it is true to say that the electorate would expect their
councillors to adhere the highest of standards in all aspects of their lives, the
Localism Act only gives the Council’s Monitoring Officer jurisdiction to consider
allegations of misconduct when councillors are conducting Council business. The
Code only applies to members when conducting Council business or when
carrying out their constituency work; it does not seek to regulate what members
do in their private and personal lives. A distinction must be drawn between the
individual as a councillor and the individual as an individual; a councillor is not a
councillor twenty-four hours a day. Conduct that might be regarded as
reprehensible and even unlawful is not necessarily covered by the Code; a link
to that person conducting Council business is required.
27
Please note that this is a confidential draft report with provisional findings and recommendations
6.6 In my view, there can be no doubt that Councillor Emmett was conducting the
business of his authority when he sent the email to Councillor Jones on 16
December 2015. A councillor’s primary role is to represent their ward or division
and the people who live in it. Councillors provide a bridge between the community
and the council. As such the Code of Conduct would apply.
6.7 I consider that Councillor Emmett’s conduct in relation to the other three
allegations, which relate to his conduct as the Labour group Chief Whip, to be far
less clear cut though. The Code only applies to members when conducting
Council business, when acting as a representative of the Council or when
carrying out their constituency work. The position of Chief Whip is not a formal
role within the Council and there is no reference to it in the Council’s constitution.
A Chief Whip is an official within a political party who is responsible for ensuring
party discipline, maximising their group’s representation at Committee meetings
generally ensuring that their members turn up on time.
6.8 In offering my own views on this I recognise that the Localism Act is vague on
the key point of what acting ‘as a member of the Council’ involves. Nor do we
have any case law specifically arising from the Localism Act to assist us on this.
What we do have, however, is well established case law from earlier hearings
under the previous standards regime. Whilst the wording in Localism Act varies
slightly from the previous model codes of conduct, the Council have actually
adopted the exacting wording as adopted in the previous national Code. As such,
cases concerning the former model codes remain of relevance to how councils
must interpret what ‘official capacity’ means; I have set out some general
considerations and precedents in Annex 1 of this report.
6.9 Councillor Choudhury has argued that Councillor Emmett’s alleged bullying and
harassment of him should fall within the jurisdiction of the Code on the basis that:
a. Historically, the Chief Whip has always been a member of the Council.
6.10 In terms of the allegation that Councillor Emmett bullied and intimidated
Councillor Choudhury in relation to his post on Twitter and the allegation that he
28
Please note that this is a confidential draft report with provisional findings and recommendations
6.11 As an extension of that, and given the consistent decisions taken in the courts
which suggest that the what constitutes ‘carrying out the business of the office of
councillor’ should be narrowly construed, it is my view that matters of Political
Party candidate selection and internal disciplinary processes fall outside the
jurisdiction of the Localism Act; as such it would be inappropriate for me to
consider the veracity of the concerns raised. While I note that Councillor Emmett
was a councillor at the time (and indeed it seems he would need to be a sitting
councillor in order to be the Group’s Chief Whip), he was not conducting Council
business or acting as a representative of the Council with regards these matters.
While I have some sympathy for those involved and can understand their
frustration, such matters are for Labour Party and not the Council to address. I
note that Councillor Choudhury, Councillor White and Councillor Jones all told
me that any complaints they have made to the Labour Party over the past 18
months have been ignored. Unfortunately, any perceived failings on the part of
the Party does not mean that the Council has the ability to step in and take action.
6.12 Having said that, I am of the view that Councillor Emmett’s conduct in relation to
the allegation that he misused the Council Planning Committee’s substitution
process for political purposes does require further consideration. Although he
was clearly acting as the Chief Whip when seeking a substitute for Councillor
Duddridge, the actions taken specifically related to the consideration of
regulatory decision due to be made by a Council Committee. Guidance provided
to councillors and decisions taken by the Local Government Ombudsman
demonstrate that the ‘whipping’ of members in relation to planning matters is
unacceptable and amounts to maladministration. In those circumstances I
consider that Councillor Emmett’s conduct is so closely aligned to Council
business as to engage the Code.
6.13 The intention of the Code is to ensure that the conduct of public life at the local
government level does not fall below a minimum level which engenders public
confidence in democracy. In adhering to the principles set out in the Code there
is an expectation that members will treat their fellow councillors with respect. This
is not to say that councillors should not be encouraged to engage in vigorous
public debate on matters pertaining to the Council; however, the impact of such
debate is diminished, rather than accentuated, when it is cast in abusive or
offensive terms.
29
Please note that this is a confidential draft report with provisional findings and recommendations
Code Principles
6.15 Paragraph 6(a): There are many circumstances where it is proper for a member
to attempt to confer a desirable outcome, or advantage, for an individual or group.
This can often be against the wishes or to the disadvantage of others. A
councillor’s conduct would only be improper if he was to try to use his public
position to further his own private interest, to the detriment of the public interest.
Did Councillor Emmet fail to comply with the Code by emailing Councillor
Jones on 16 December 2015?
6.16 The investigation has found that on 16 December 2015, Councillor Emmett
emailed the Chair of the Regulatory Committee to indicate his support for
HCMA’s planning application. In his email Councillor Emmett is open about that
fact that the applicant had contacted him in order to request support for his
application from the Labour members. In considering this complaint, it is
important to recognise that lobbying is a normal and perfectly proper part of the
political process. Those who submit or may be affected by a planning decision
will often seek to influence it through an approach to their elected ward member
or to a member of the planning committee. As the Nolan Committee’s third report
stated: “It is essential for the proper operation of the planning system that local
concerns are adequately ventilated. The most effective and suitable way that this
can be done is through the local elected representatives, the councillors
themselves”. Any application of the Code of Conduct must take account of the
realities of the political/representative process.
6.17 Having said that, unless care and common sense is exercised by all the parties
involved, lobbying can lead to the impartiality and integrity of a councillor being
called into question. Councillor Emmett was not a member of the Regulatory
Committee and therefore he does not have a duty to ensure that he remains
objective and impartial on such matters; as a Ward member he is allowed to
express an opinion prior to any decision being made. In sending Councillor Jones
an email asking him to ‘do your best’ however, Councillor Emmett effectively
lobbying the Chair of the Regulatory Committee. When being lobbied, councillors
who are also members of the regulatory /planning committee need to avoid bias
and predetermination and take account of the general public’s (and the
Ombudsman’s) expectation that a planning application will be processed and
determined in an open and fair manner. To do this, members taking the decision
will avoid committing themselves one way or another before hearing all the
arguments. To do otherwise makes them vulnerable to an accusation of partiality.
Bias or the appearance of bias has to be avoided by the decision maker.
30
Please note that this is a confidential draft report with provisional findings and recommendations
6.18 As Chair or the Council’s Licensing Committee, I would expect Councillor Emmett
to have been aware of the potentially difficult situation he was putting Councillor
Jones in by lobbying him privately. In addition, the suggestion that Councillor
Jones’ decision should be influenced by the applicant’s support of both the
Council and the Labour party is contrary to the regulations. In my view Councillor
Emmett’s email was thoughtless and unwise. I am reassured that Councillor
Emmett regrets conveying his support for the application in the manner that he
did, with the evidence suggesting that he has not done so in a comparable
manner during the significant period of time since.
Did Councillor Emmet fail to comply with the Code when seeking to use a
political substitute on 22 July 2016?
6.20 The investigation has found that Councillor Emmett, acting as Chief Whip, took
the decision to seek a substitute for Councillor Duddridge so that he would not
have to take part in a decision concerning an application for a new mosque within
his ward. Councillor Duddridge was available and willing to attend, however the
Labour Leadership (through Councillor Emmett) decided that the use of a
substitute would be politically advantageous.
6.21 When considering whether this amounts to a failure to comply with the Code, it
is important to note my conclusion that the attempt to use a substitute in place of
Councillor Duddridge was not an attempt by Councillor Emmett to either influence
the decision being made by the Regulatory Committee or ‘whip’ his Group into
predetermining the matter. Such conduct would be completely improper and
place the Council at risk of legal challenge / a finding of maladministration.
6.22 Councillor Emmett indicated that it is not unusual for the Group to use substitutes
for political purposes, either so that a member avoids being involved in a decision
that might be controversial within their ward or, conversely, because they want
to be seen being directly involved in a decision that is important to them or their
constituents. While I can understand this from a political point of view, I am
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Please note that this is a confidential draft report with provisional findings and recommendations
concerned that this is being carried out in conjunction with the quasi-judicial
decision making carried out by the regulatory committees. While the intent might
not be to seek a specific, predetermined outcome, the public perception of the
Labour Group / Councillor Emmett’s conduct might be different.
6.23 That said, it is undisputed that the responsibility for deciding which of their
members sit on which committees is taken by the political parties themselves. In
R (on the application of Doug Carnegie (on behalf of The Oaks Action Group) v
London Borough of Ealing & Acton Regeneration Group Ltd the claimant alleged
that a planning decision should be overturned because the Labour Group Whip
had arranged for a substitute to sit on the Planning Committee despite the
availability of the member being substituted; the allegation being that the Whip
wanted a particular outcome from the vote. In defence of the decision, the Council
argued that the composition of the Committee was “a political decision and is not
therefore justiciable”. The Judge in the case appeared to accept this. He said “It
was a political decision as to who attended the meeting to vote on the planning
application…. Whether there was a reasonable reason for any member being
unable to attend a committee meeting was a matter to be determined by the
political party… that decision making process is part of the democratically elected
political process and is outwith the reach of the courts.” The Judge also found
that the rule relating to substitutes: ‘Where any member of a committee, sub-
committee, or panel is unable to attend a scheduled meeting of that body” (which
is consistent with the Council’s own rules on substitutions as set out in Part 3 of
this report) had been adhered to, stating that the standing order was not limited
to cases where the member in question is physically unable to attend the
meeting.
6.24 Given the above, in particular my conclusion that the attempt to substitute
Councillor Duddridge was not carried out in order to influence the actual planning
decision being made or ‘whip’ the Group into voting a particular way, I do not find
that Councillor Emmett failed to comply with the Code with regards this matter.
That said, I would urge Councillor Emmett to consider carefully the inherent risks
involved with using substitutes in such a manner when regulatory decisions are
being made, both reputationally and administratively.
7 Provisional Recommendation
7.1 It is my provisional view that Councillor Emmett was not acting in councillor
capacity in relation to the allegations set out in paragraph 1.2 and therefore the
code was not engaged. While I consider that those matters referred to in
paragraph 1.3 do fall within the jurisdiction of the standards framework, my
provisional view is that Councillor Emmett’s conduct did not amount to a breach
of the Code. I therefore recommend that the Council take no further action with
regards these matters.
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Please note that this is a confidential draft report with provisional findings and recommendations
Annex 1
Section 27(2) of the Localism Act 2011 requires all relevant authorities to adopt a code
of conduct "dealing with the conduct that is expected of members ... when they are
acting in that capacity."
The Council's Code expands on this slightly, stating that the provisions of the Code also
apply “When a member of the Council acts, claims to act or gives the impression of
acting as a representative of the Council”.
It is clear then that the Code does not seek to regulate what members do in their purely
private and personal lives. The Code only applies to members when they carry out
Council business, including constituency work. While this wording varies slightly from
the previous model codes of conduct28, cases concerning the former model codes
remain relevant to how councils interpret what ‘official capacity’ means.
Precedent cases
… Thus where a member is not acting in his official capacity (and official capacity
will include anything done in dealing with staff, when representing the council,
in dealing with constituents’ problems and so on), he will still be covered by the
Code if he misuses his position as a member. That link with his membership of
the authority in question is in my view needed. This approach is very similar to
that adopted in Scotland and in my judgment accords with the purpose of the
Act and the limitations that are appropriate. It is important to bear in mind that
the electorate will exercise its judgment in considering whether what might be
regarded as reprehensible conduct in a member’s private life should bring his
membership to an end in due course…
28Namely that prescribed by the Local Authorities (Model Code of Conduct) Order 2007; and before
that, the 2001 model code.
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Please note that this is a confidential draft report with provisional findings and recommendations
The Livingstone judgment was considered in detail in “Bartlett v Milton Keynes Council
[2008] APE 0401” in an appeal from the local standards committee. In the Tribunal’s
view, the Livingstone judgment established that for a councillor to be acting in an official
capacity:-
• the link between the councillor’s office and the conduct should have
a degree of formality.
In the decision of the Adjudication Panel for England in APE0458 (Sharratt), the tribunal
observed:
Judge Ward further considered what constituted ‘official capacity’ in Upper Tribunal
Case No. GLSE/1111/2010 MC v Standards Committee of LB Richmond. Judge Ward
noted that the terms of the Code that applied in the Livingstone judgement were slightly
different to that applied since 2007 (and was similar to that in the Localism Act). In his
view, it was wholly possible for members to interact with Council officers in their private
capacity if they were not conducting the business of their authority at the time. In
addition, it was considered possible for a councillor to interact with staff if nature of their
involvement was clearly personal; as a rule of thumb, if the councillor was dealing with
a member of staff as a recipient of a Council service, the member would generally be
considered to be acting in their personal capacity.
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