Can a councillor vote on a grant to an organisation to which his spouse belongs?

Question

Hello,

My local parish council received a request for an award from the local Parochial Church Council, towards the cost of maintaining the churchyard. One member of the council is married to a member of the Parochial Church Council.

Can the member concerned take part in the debate and vote? Or does he have a conflict of interest and declare it and leave the room?

Many thanks,

Answer 1

Integrity ( one of the Nolan principles) would of course dictate that such a councillor should retain credibility by volunteering to take no part in the proceedings.

Comments

Thank you for your answer Mentorman

Answer 2

This would be a non-pecuniary interest, as the councillor's family would not benefit financially, so it should be declared as such and your code of conduct will specify whether or not the member should withdraw from the meeting.

You should also bear in mind the fact that the council may not have any legal power to give money to the PCC, due to a clause in the original Local Government Act of 1894 that hasn't been repealed. Many councils do fund the maintenance of churchyards and other items relating to the church, but the view of the NALC's legal experts is that there is no legal power to do so.

Comments

Thank you Davetheclerk