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Backing for Government review of political restricted posts

Backing for Government review of political restricted posts

The Employers’ Organisation for local government (EO) has given its backing to a review of the restrictions governing political activity by council employees.

The 1989 Local Government Act imposed restrictions on the political activities of local government staff, but in 1998 five employees challenged the restrictions in the European Court claiming that they are incompatible with human rights legislation.

Although the Court upheld the Government’s case, the Government undertook whilst passing the 2000 Local Government Act to review the exact nature and extent of the restrictions.

In a letter to local government representatives last week the Government assured them that it is still “firmly committed to the principle of the political neutrality of local government employees”.

Restrictions currently in place include requiring those in senior posts to resign if they wish to fight an election as a political candidate and a ban on acting as an electoral agent for another. Restricted posts include the chief executive of the authority and anyone who speaks to the media on behalf of an authority on a regular basis.

Responses are invited from all interested parties to the Office of the Deputy Prime Minister by the 19th November.

Possible changes suggested by the Government include allowing local government officials to participate in national politics – though only with the permission of the relevant local authorities – and a potential exemption from the restrictions for the holders of certain posts.

Though concerns about the “politicization” of the civil service are most often heard in connection with Whitehall, any change is still likely to prove controversial.

On Friday the EO, which will co-ordinate the local government response, said they supported the proposed change to the rules. It estimated that the existing rules prevent around 30,000 people standing for office.

Rob Pinkham, EO director said: “Though these rules have been around for a long time we have not encountered any large-scale problems with this restriction.

“However, we welcome the Government’s willingness to look at the rules afresh as there were widespread concerns when they were first introduced.”