I successfully took a political restrictions case as a local government scrutiny officer to the Independent adjudicator and was granted exemption from political restrictions on the grounds:
That 7 Scrutiny Reports, I was responsible for out of over 100 scrutiny reports by other officers over a 3 year period, did not constitute given regular advice to committees. The reality for scrutiny officers across the country is that their reports are subject to amendment by more senior officers and it is the more senior officers who should be restricted not scrutiny officers.
I welcome the proposals to lift the salary threshold and remove the restrictions on canvassing but I am concerned that relative low level scrutiny officers like me who draft some reports that are subject to amendment by more senior departmental officers could still be caught by the phrase 'Politically sensitive roles are: those directly giving regular advice to the Council', as are my scrutiny colleagues at the moment.
It is wrong that my fellow scrutiny officers are denied their political freedom and human right to free speech and this might be the last chance to change this unjust legislation so that only the most senior officers are restricted which is line with other countries and Society of Local Authority Chief Executives.
'perhaps the most clearly articulated case is that presented by SOLACE, the Society of Local Authority Chief Executives and
Senior Managers, which regards the existing framework as " .crude and inconsistent . disproportionate and unreasonable" and argues for the introduction of a more flexible and sensitive framework which retains restrictions only for the most senior officers and for the rest of the workforce, treats political neutrality and professional conduct as management issues, to be ensured through the contract of employment.'
I hope that Ministers will consider this view again before they respond with legislation to the proposals published by the Councillors' Commission and that the restrictions are lifted for all officers below Head of Departments and Ministers stick to their commitments that have been made since 1998 and paticularly on the 10th March 2004 (Hansard deputy prime minister's questions).
The bottom line is:
That Council employees have a duty to be neutral at work but in your own time you should not have your human rights denied by disproportionate anti democratic political restrictions.
Thank you for your time and consideration.
Ian Scott