MD3206 Appointment of Independent Persons and related arrangements under the Localism Act 2011

1.1.    In accordance with the Localism Act 2011 arrangements must be put in place for the appointment, by the GLA, of at least one Independent Person (IP). An IP’s views must be sought and taken into account by the Monitoring Officer before the latter makes any decision on any allegation he has decided to investigate against an elected Member of the GLA (i.e. the Mayor or a member of the London Assembly). Members who have had an allegation made against them may, if they wish, also seek the views of the IP.
1.2.    Following an appointment process, involving public advertisement and interviews by a panel, the Mayor and the London Assembly agreed, in June 2012, to appoint Suzanne McCarthy and Alan Simcock as the GLA’s IPs. They have been carrying out the role since then.
1.3.    The Mayor, acting jointly with the Assembly, has extended their appointments over the years. Most recently, in November 2022, a further one-year extension was agreed, running up to 31 December 2023.
1.4.    The Monitoring Officer recently initiated a recruitment exercise, going out to advert in September 2023, in accordance with section 28(8)(c)(i) of the Localism Act 2011. A selection panel consisting of the Mayor’s Chief of Staff, the Chair of the London Assembly, the Monitoring Officer and the Deputy Monitoring Officer was convened to consider the applications before interviewing shortlisted candidates on 14 and 15 November 2023.
 

2.1.    This decision asks the Mayor to extend the appointments of the current GLA IPs until 2 May 2024; and, with effect from 3 May 2024, approve the appointments of Suzanne McCarthy (a current IP) and Farhat Sadik until 30 April 2026, further to the interviews conducted by the selection panel (set out at 1.4, above), and noting that the appointments are a joint decision with the London Assembly.

3.1.    There are no effects of this proposed decision, either positive or negative, that are foreseen on persons with a protected characteristic under the Equality Act 2010.

4.1.    The next Mayoral and Assembly elections will take place in May 2024. On the recommendation of the Monitoring Officer, and following discussions with the Mayor’s Chief of Staff and leading Assembly Members, it is considered prudent to further extend the term for the current IPs until 2 May 2024, in order to have continuity during this period. 
4.2.    In addition, further to the outcome of recent interviews, the Mayor is asked to agree to appoint Suzanne McCarthy and Farhat Sadiq as IPs under Section 28(7) of the Localism Act 2011 for the period 3 May 2024 to 30 April 2026, noting that such appointments are also subject to approval by the Assembly.
4.3.    Finally, the Mayor and Assembly are jointly asked to agree that each IP is paid an annual allowance of £1,250. This cost is to be met from the standards budget for that period, which is held in the Chief Officer’s Directorate. This would supersede the previous decision of the Mayor and the Assembly that the IPs be paid an allowance of £125 for attendance at any formal meeting and/or on each occasion on which they were asked to provide written views to the Monitoring Officer in relation to a formal complaint under investigation; but no allowance for the times when they were consulted by a Member. In practice, the IPs have not claimed any allowance for their work over the past six years. Following discussions with the Mayor’s Office and leading Assembly Members – and considering the approach taken by London boroughs in the remuneration of their IPs – it is now proposed that the IPs instead be paid an annual allowance, with effect from May 2024.
 

5.1.    It is proposed that each IP is paid an annual allowance of £1,250. This cost will be met from the standards budget for that period, which is held in the Chief Officer’s Directorate. There is sufficient budget to cover these costs in the current year and future years’ planned budgets.

6.1.    Section 28(7) of the Localism Act 2011 provides that arrangements must be put in place, under which allegations of a breach of the Code of Conduct for elected Members can be investigated and action taken. Those arrangements must include provision for the appointment of at least one IP. The Localism Act 2011 does not limit the number of IPs who can be appointed by an authority.
6.2.    Any decision to extend the duration of the appointments of IPs’ is a joint decision of the Mayor and the London Assembly, by virtue of section 27(6) and (9) of the Localism Act 2011, and any decision to extend such appointments, are subject to any relevant and applicable provisions of section 28 of that Act. The Mayor may delegate the exercise of his part of that joint decision to a member of staff of the Authority. This is by virtue of section 38(1-2) of the Greater London Authority Act 1999.

Appendix 1 – Details of the Independent Persons’ biographies