Ethical standards clinic

I have carried out several interviews with potential witnesses about the conduct of a member alleged to have breached the code of conduct. There is one witness I wish to interview who refuses to co-operate with me. What powers do I have to compel the witness to be interviewed?

Under the current The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003(as amended), a Monitoring Officer investigating the conduct of a member or a person appointed by the Monitoring Officer to carry out such an investigation, does not have any powers to compel a witness to give evidence or to attend for an interview. Whilst section 62 of the Local Government Act 2000 makes it an obligation on a person to provide information to an Ethical Standards Officer which that Officer may require (and that person can therefore be compelled to provide the information), and makes it an offence not comply with such a request, at present no such similar provisions exist for monitoring officers or their appointed investigators.

The Local Government and Public Involvement in Health Bill proposes amendments to section 66 of the Local Government Act 2000 resulting in Regulations being made which extend the provisions set out in section 62 of the 2000 Act to investigations carried out by a Monitoring Officer or investigator. Therefore we may see in the future the same powers granted to the Monitoring Officer in carrying out an investigation as exist for Ethical Standards Officer, and the ability to compel witnesses to give such information as may be required. Of course any powers to compel the provision of information will be limited to the extent that such information could not be compelled in civil proceedings before the High Court.