Comhairle election guidance

COMHAIRLE NAN EILEAN SIAR
UK PARLIAMENT ELECTION: 7 MAY 2015

GUIDANCE FOR CORPORATE MANAGEMENT TEAM

CONTENTS
(1) Purpose of Guidelines
(2) Details of Election
(3) Purdah
(4) Political Neutrality
(5) Use of Comhairle Resources and Premises
(6) Candidates’ Posters and Other Advertising
(7) Comhairle Publicity
(8) Visits to Comhairle Premises by Candidates
(9) Requests for Information by Candidates
(10) Frequently Asked Questions
(11) Further Advice

(1) PURPOSE OF GUIDELINES
The Local Government Act 1986 prohibits Local Authorities from publishing, or from giving financial or other assistance to other persons to publish, any material which appears in whole or in part to affect public support for a political party.
In addition, all Local Government employees have a duty to be politically neutral in carrying out their duties.
These obligations become all the more relevant in an Election period, in which questions often arise in relation to, for example, the use of Comhairle facilities, premises and resources for Election and other party political purposes, whether or not to hold public meetings and events, and how to respond to requests from candidates and agents.
The purpose of these guidelines is to provide advice and guidance to Directors, Heads of Service, Headteachers and members of staff within Members’ Services on how to deal with the various issues which may arise following the announcement of the Scottish Parliament Election.

(2) DETAILS OF ELECTION
The UK Parliamentary Election will be held on 7 May 2015.

(3) PURDAH
“Purdah” is the period between the announcement of the Election and the date on which polling takes place. It has no statutory basis, but is a long established and accepted convention which effectively prohibits certain political activities in the period before an Election. It does not replace in any way statutory obligations.
While the Comhairle is not obliged to observe a period of purdah in respect of UK Parliamentary Elections, on certain sensitive political issues the Comhairle should act cautiously, and, in exceptional circumstances, delay decision making until conclusion of the Election.
The Comhairle does not intend to cancel meetings of Working Groups, Committees or the Comhairle during the pre-Election period, and advice on any agenda items of particular political sensitivity will be given by the Chief Executive or, in his absence, the Head of Executive Office.

(4) POLITICAL NEUTRALITY
It is particularly important in a pre-Election period to emphasise the duty of all Local Government employees to carry out their duties in a politically neutral way, irrespective of personal views. This duty must be respected by candidates, agents and political parties. The Chief Executive and CMT have ultimate responsibility to ensure that the policies of the Comhairle are implemented, and that the obligation of political neutrality is observed.

(5) USE OF COMHAIRLE RESOURCES AND PREMISES
Comhairle resources, such as staff time, stationery, typing, printing, photocopying, IT and telephones, transport and office accommodation, must not be used by employees, Members or any other person for party political or campaigning activity, or for private purposes associated with the Election.
Members’ Services provide Comhairle Members with a number of support services; in the event that a Comhairle Member is also a candidate or agent in the Election, these support services must only be provided to Members to assist them in the discharge of their role as Members, and only for Comhairle business.
There is specific provision within the Representation of the People Acts which enables candidates at Parliamentary Elections to use rooms in schools – and other rooms which it is the practice to let for public meetings – free of charge, at reasonable times, for the purpose of arranging political meetings to promote their candidature. In practice, most such rooms are located within schools and other community facilities.
The prohibition in the 1986 Act referred to above, which normally prevents the Comhairle from allowing Comhairle premises or facilities to be used to promote support for a political party does not prevent the Comhairle from allowing political parties to use Comhairle premises where these are provided in an even handed way. For example the display of political posters on street lighting columns in the days before Polling Day, subject to such conditions as the Director of Technical Services may impose, is permitted.

(6) CANDIDATES’ POSTERS AND OTHER ADVERTISING MATERIAL
Except as provided in paragraph 5 above in respect of street lighting columns, party political or campaigning material must not be placed on any Comhairle notice boards, or displayed in Comhairle buildings or premises.
From the date of dissolution of the UK Parliament, however, MPs no longer hold office, and their posters, including surgery notices, must be removed.

(7) PUBLICITY
All Local Authorities are prohibited from publishing any material which, in whole or in part, appears to be designed to affect public support for a political party. Publicity is defined as “any communication, in whatever form, addressed to the public at large, or to a section of the public”. It relates not only to formal publicity material, such as Comhairle newsletters, pamphlets and press releases, but also to other communications to the general public, including photographs.

The factors which must be taken into account in deciding whether or not the prohibition applies include –

· The content and style of the material;
· The time and circumstances of the publication;
· The likely affect of the material on those to whom it is directed;
· Whether the material promotes or opposes a point of view on a question of political controversy which is specifically identifiable as the view of one political party, but not another;
· Whether or not the material contains references to a political party or to persons identified with a party; and
· Where the material is part of a campaign, the effect that the campaign appears to be designed to achieve.

Particular care must be taken in relation to any form of Comhairle publicity, which it is proposed to issue during the Purdah period, in order to ensure that the publicity is not perceived as seeking to influence public opinion, or to promote the public image of a particular candidate, or group of candidates.

PARTICULAR CARE MUST BE TAKEN WITH THE CONTENT OF ANY NEWSLETTERS, PRESS RELEASES AND OTHER COUNCIL PRODUCED DOCUMENTS. FROM THE DATE OF PUBLICATION OF THE NOTICE OF ELECTION, PUBLICITY SHOULD NOT BE ISSUED WHICH DEALS WITH ISSUES OF POLITICAL CONTROVERSY, OR WHICH REPORTS VIEWS OR POLICIES IN A WAY WHICH IDENTIFIES SUCH ISSUES WITH INDIVIDUAL CANDIDATES OR POLITICAL PARTIES.

Any proposals for official opening ceremonies during this period should be considered very carefully, and should be postponed if at all possible.

(8) VISITS TO COMHAIRLE PREMISES BY CANDIDATES
During the pre-Election period, candidates may wish to visit Comhairle premises, particularly schools or residential facilities, to meet pupils, residents and service users. The following procedure will apply in relation to these visits –
(i) a visit to any Comhairle facility or premises must be arranged in advance with the Director of the relevant Department and, through him/her, with the Manager of the facility or establishment;
(ii) visits must be of short duration;
(iii) visits must not interfere with the efficient and proper running of the service or facility, taking into account the best interests of the residents/service users;
(iv) if, during a visit, it becomes apparent to the Manager or responsible Officer that the visit is interfering with the running of the service, the Manager or responsible Officer has the right to terminate the visit forthwith.

A fair and consistent approach must be taken by Directors in considering requests for visits, in order that no accusation can be made of favour towards any party or candidate.
If it is intended that the media be involved in a visit, as is usual, this must be notified to the Director when the visit is being arranged. The Director should advise the Communications Officer. Permission will be given for the media to visit only if the Director considers it reasonable in all the circumstances to do so. If the media is involved, employees of the Comhairle should not be photographed, recorded or televised with prospective candidates.
The filming, photography and/or recording of children is not permitted within Comhairle establishments, including school playgrounds and sports facilities, without parental consent.
Paragraphs (i) and (ii) above do not apply in relation to participation by Election candidates in activities such as debates, or Election “hustings” in schools or community facilities.

(9) REQUESTS FOR INFORMATION BY CANDIDATES
Candidates at Elections frequently request information from Comhairle employees to assist them in their campaigns. Any such requests should be directed to the appropriate Director for reply. The Director will determine whether or not the information is to be provided.

Issues to be taken into account in reaching such a decision are –
(1) Whether the candidate is entitled to the information under Freedom of Information (FoI) provisions; if so, the information must be provided in accordance with FoI rules;
(2) The amount of time and/or effort which would be required to provide the necessary information;
(3) Whether it is competent to release the information having regard to the statutory provisions for access to information, data protection, human rights and other relevant legislation; and
(4) Whether the provision of the information could affect an employee’s obligation to carry out their duties in a politically neutral way; for example, if an Officer, in providing information, is being asked to express an opinion on a matter of political controversy.
Directors must also consider whether information which is being made available to one candidate should be issued to all other candidates.

(10) FREQUENTLY ASKED QUESTIONS
The following are examples of questions and issues which may arise. It must be remembered that final advice turns on the exact circumstances, and that these FAQs are only given to provide an indication of the type of issues which may arise. They are not a substitute for detailed advice.

Q. A Comhairle Department proposes to hold a public meeting in the week before the Election, to discuss a matter of particular concern to local residents. The local MSP has been very supportive of views expressed by one group of residents. Is it appropriate to hold the meeting, or should it be postponed?
A. It would not generally be appropriate to hold a meeting of this kind in the purdah period, nor in the period immediately before purdah officially begins, if the publicity from the reports of the meeting is likely to appear in the media during the purdah period.

Q. A controversial application is on the agenda of a Comhairle meeting which will be held during the purdah period. Should consideration of the application be postponed until after the Election?
A. The precise answer turns on the specific facts and circumstances, but generally the answer would be no, the application should be considered. The normal work of the Comhairle should continue notwithstanding the forthcoming Election.

Q. Officers have been asked to attend an event to give advice on Comhairle services.
A. All depends on the nature of the event, who is running it and when it is being held. If the event is associated with one political party and is being held during the purdah period, or just before it, with the effect that newspaper reports would appear during the purdah period, then Officers should not attend. If the event is being held outwith the period, the Officer would require to decide whether the event was designed to affect support for one political party. If so, Officers should not attend.

Q. One of the residents in a Council run residential establishment has been asked to meet one of the candidates and to allow the press to film them together. What should the Manager do?
A. An individual resident has the right to invite a candidate and media into their own home, and candidates have the right to canvass in residential homes and hostels. Staff should ensure, however, that they are not interviewed or photographed.

(11) FURTHER ADVICE
The purpose of this guidance is to seek to ensure fairness in the Election process, compliance with the Comhairle’s statutory responsibilities and to assist employees in carrying out their duties in an Election period. If further guidance is required, the Chief Executive, Head of Executive Office, or Director of the Department concerned, should be consulted in the first instance.

Malcolm Burr
Chief Executive
Comhairle nan Eilean Siar

30 March 2015

8 Comments

  1. Sober Island April 21, 2015
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  2. MAM April 21, 2015
    • Neil Campbell April 21, 2015
      • MAM April 21, 2015
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        • Robert April 22, 2015
  3. Sine MacVicar April 21, 2015

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