Agenda Item No___16_________
DISCLOSURE OF INTERESTS
Summary:
At their meeting on 30th May Members resolved to adopt
a new Code of Conduct for the elected and co-opted
members of the Council in accordance with the
provisions of the Localism Act 2011. At the time that the
Council adopted the Code the Regulations governing
the disclosure of interests - in particular "disclosable
pecuniary interests" had not yet been made. This report
addresses the disclosure of interests.
Conclusions:
Recommendations:
Members are recommended to:1. Adopt the arrangements in relation to disclosable
pecuniary interests set out in paragraph 3 of this
Report.
2. Adopt the arrangements in relation to "other
interests" as are set out in paragraph 7 of this
Report.
Cabinet Member(s)
Ward(s) affected
All
All
Contact Officer, telephone number and email:
David Johnson, david.johnson@norfolk.gov.uk
1.
Introduction
1.1
At their meeting on 30th May members resolved to adopt a new Code of
Conduct for the elected and co-opted members of the Council in accordance
with the provisions of the Localism Act 2011. The Code promotes and
maintains high standards of conduct for members and is consistent with the
principles of conduct in public life set out in the Act, namely selflessness,
integrity, objectivity, accountability, openness, honesty and leadership.
1.2
At the time that the Council adopted the Code the Regulations governing the
disclosure of interests - in particular "disclosable pecuniary interests" had not
yet been made. The Relevant Authorities (Disclosable Pecuniary Interests)
Regulations 2012 (copy annexed to this Report) set out the definition of
"disclosable pecuniary interests". Members will note that they cover matters
such as employment, office, trade, profession obligation, sponsorship,
contracts, land, licences, corporate tenancies and securities. These interests
are also disclosable pecuniary interests if they are interests of a member’s
wife or partner. Whilst there is a degree of commonality with the previous
Code the critical distinction in all Local Authority Codes of Conducts is now
between disclosable pecuniary interests and "other interests".
2.
Disclosable Pecuniary Interests
In relation to disclosable pecuniary interests the Localism Act requires a
member to declare and withdraw from participation in any matter where they
have such an interest. It does not require them to leave the Committee room
but says that an Authority's own arrangements may adopt this requirement.
This seems to me to be a sensible step and I will recommend to members that
they adopt the following as part of the Council's arrangements and standing
orders.
"A member who has a disclosable pecuniary interest in relation to any item in
any matter being considered at a meeting that member must withdraw from
the room in which the meeting is taking place including any public seating
area or gallery."
3.
Other Interests
Whereas disclosable pecuniary interests are well defined (as they need to be
since failure to register, disclose and declare them is now a criminal offence)
interests other than disclosable pecuniary interests are left entirely to the
discretion of each Local Authority. This presents the Authority with the first
problem which is that these interests could consist of anything related to the
life of a Councillor. This in turn makes it very difficult to require Councillors to
list all these matters and to make that list meaningful in relation to any specific
matters arising in the course of their duties as the Councillor.
In considering the scope of these other interests there are some that might
readily come to mind, for example:•
being a Councillor at another Authority or a member of another public
body;
•
being a Magistrate;
•
being a Trustee of a Trust dealing with private or charitable matters;
•
a non-remunerated Directorship of a company as, for example,
perhaps a non-executive Director;
•
a member or officer of a club or society, political party or a Trade
Union;
•
a member of a lobby group or campaign;
•
a member of a pension scheme for a particular body;
•
being a licence holder of licensed premises;
•
being a volunteer for a body;
•
membership of a secret society such as the Freemasons.
As members will readily see, in certain circumstances a Councillor might
consider it appropriate at a meeting at which he or she is present to declare to
the meeting such an interest when an item relating to that interest is on the
agenda. Having declared such an interest there would be no obligation on
the member to withdraw from the item but there would also be no bar to the
member doing that if they felt that the interest was such that members of the
public might consider it to have an effect on their judgment of the public
interest. This would be entirely appropriate.
However, it would be more difficult to list in advance all such items and to
draft a comprehensive definition of them all. My recommendation, therefore,
is that members resolve to restrict the register to disclosable pecuniary
interests and to leave such other interests to each member to declare as they
think fit at each meeting.
4.
Conclusion
Members are recommended to:1. Adopt the arrangements in relation to disclosable pecuniary interests set
out in paragraph 3 of this Report.
2. Adopt the arrangements in relation to "other interests" as are set out in
paragraph 7 of this Report.