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The unitary authority has stated that pecuniary interests are not governed by the code of conduct. I cannot believe what they have said. Can you please let me know your thoughts, so I can pass them on to North Somerset Council
by (370 points)

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I can’t believe what they’ve said either as surely pecuniary interests are the most serous, have you got an example ?
by (12.6k points)
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Hi Jules,
You can see them on the Puxton Parish Council website
www.puxtonparishcouncil.org.uk
Look at the councillors web page, of which there are 5
2 have recently changed their pecuniary interests (Penfold P) and Riddell
1 has not listed his directorships of 2 companies which incidentally have not filed accounts
1 has not listed her directorship of a charity which received £40,000 from the council.
If that is not enough you will see that Penfold P & Penfold C have the same surname
Redding and Riddell have a connection through family members as well.
Is that enough for the time being. There is a lot more. Fancy a chat about in private?
No problem send me a PM
0 votes
Sorry to say some Monitoring Officers are not very good, of course they are covered.  One of my fellow Councillors didn’t declare even though he was pre-warned (and in fact did it three times).  Three code of conduct complaints put in, two were dismissed but now the whole Council have to do training on interests.
by (3.8k points)
No better comment made. These councillors think they are above the law. They even arranged covid-19 meeting in May 2020, not once but twice on back to back days. Agendas were published, the meetings were held and minutes published. These are still on the web at www.puxtonparishcouncil.org.uk
www.waltoningordanopc.org.uk
The police were called and they were not interested. When this was being raised at the parish council meeting after lockdown, the police came and broke up the complaint. If you want to know more I can send multiple code of conduct breaches that the unitary authority just ignores.
0 votes

There are 2 parts to your question and each has a distinct answer....

Part 1:  What is a registrable pecuniary interest?

Answer:  As defined in the second column of the schedule - https://www.legislation.gov.uk/uksi/2012/1464/contents/made

Part 2: Does it come under code of conduct?

Answer:  That very much depends on what is / isn't being done.  

In relation to disclosable pecuniary interests you will commit a criminal offence (strict liability offence), if, without reasonable excuse, you (i) fail to provide information that you are required to register; or (ii) provide information that is false or misleading or you are reckless as to whether the information is true and not misleading.  If you commit such an offence you can be liable on summary conviction to a fine not exceeding level 5 on the standard scale and be disqualified from holding public office for up to 5 years. *S34 Localism Act 2011.

Now you 'could' argue that failing to disclose a DPI, whether convicted or not, could be interpreted as bringing one's self and office into disrepute and preventing someone who is entitled to access information - both of which 'could' be considered under CoC procedures - the big but being - you have to get the MO to acknowledge / agree that the potential offence is valid.

Recently, I identified a Cllr that had not registered land that he owned within the parish that was subject to planning application, had not registered that his company held the grounds maintenance contract for the parish (£+/-15k pa) and that there were various other anomalies within his DPI register held by the MO.

Since I knew the MO would unlikely take it with the seriousness it deserved, I forwarded it direct to the local constabulary.  That certainly caused the MO to pull his socks up - however, the constabulary stated that, since it was not a recordable offence they would not prosecute - the obvious flaw in that rationale being that neither are traffic offences recordable but they still prosecute them.  The MO (the LA actually) does have power to prosecute but, via the MO, choose not to.

So what do you actually have to do to get a Cllr prosecuted?  This was, in all respects, a slam dunk, open and shut, strict liability (see definition below) offence yet the MO refused to act.  Would make the Liss Truss lettuce look strong....

* strict liability offence: Strict liability crimes are crimes which require no proof of mens rea in relation to one or more aspects of the actus reus. Strict liability offences are primarily regulatory offences aimed at businesses in relation to health and safety. Also many driving offences are crimes of strict liability eg.

by (24.6k points)
Hi RoundAgainCoxn
About 10 weeks ago NSC, told me that this was not an offence under civil law and instructed me to go to the Police. This I did. I spent an hour in a police station showing the evidence of companies house information, register of interests and the general code of conduct. I then showed the officer the Localism Act and she agreed that it all stacked up. I then went to another officer and spent another 30 minutes going through it all. I also told them that 2 others were involved. About a week later I get assigned an officer and she starts taking the evidence with background which included abuse at meetings and in minutes of the council. A couple of weeks later I get a call from the officer stating that her superior had told her that they do not prosecute these matters as this is up to NSC. I go back to NSC and they insist that the police have to do it. This saga has been going on for 6-7 weeks now. The law is clear, this is a criminal offence and the authorities empowered to act on the law do not know what to do. This is staggering. In the meantime the law keeps being broken everyday and the councillor as recently changed his interests. Surprise Surprise.
Very similar to the circumstances I encountered.
Mine did not conclude with a prosecution but it DID result in the subject Cllr amending his declaration and a wake up call for the rest.
The MO’s position was that this was a satisfactory outcome.
It IS the LA that should prosecute - they just can’t be bothered.
Interesting to hear such a similar set of circumstances not being concluded properly.
Hi All, I hope you had a Merry Christmas and a Happy New Year. I would like your thoughts on the minutes of Puxton Parish Council for December 2022. This is desperation on their side. They have made statements which are totally untrue, defamatory, breach GDPR legislation etc etc. The ICO have been involved before. Our friends and family have never seen anything like it. I have started actions already on several matters but would welcome your review. The website is www.puxtponparishcouncil.org,uk

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