PECUNIARY INTERESTS AND DISPENSATION

Question

We have as situation whereby our PC gives a substantial grant to a local organisation in which a Councillor has a DPI.  A requirement of that grant is that a "progress report" be provided at each meeting.  Now normally because of his DPI he would be asked to leave the room and as such he is  unable to answer any questions (on the report which he constructs)  so he  claims dispensation and this often drifts into him participating in the full debate.  In such cases is it possible that dispensation be given and restricted to answering questions only ?

Answer 1

Guidance on the granting of dispensation where a member has a DPI indicates that a dispensation should only be granted in limited circumstances such as where a council cannot act if the member leaves the room (i.e. they would be inquorate).  It cannot be "claimed" by a member but must be requested and agreed by council or however your dispensation policy requires.  Assuming a vote is involved in the scenario you've described, it is possible for the member to simply remain to answer any questions but then leave while the matter is debated and the vote taken.  A dispensation is not required for this action.

The DPI implies that there is a financial implication to the councillor's relationship with the recipient organisation, i.e. that he benefits personally in some way.  That may be the case (for example he may be in a paid position) but if it isn't then declaring a general or personal interest might be more appropriate in which case he can speak but not vote on any matter.

Answer 2

I suspect there may actually be an interest which is not a DPI.
Just a guess from the available info but I’d suggest the question be represented with more info which would either support, or dispel, the notion that a DPI exists.

Comments

RAG Oh absolutely a DPI exists of that I am certain beyond any doubt . But the question is not about that but whether he can be questioned about the contents of a report he completes and how. Thanks Delboys wife for confirming what I feel is a reasonable compromise

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Well, if taken at face value, and, as you affirm, the Cllr is receiving personal financial reward as a consequence of a PC grant - then the PCs grant awarding process is flawed.
I would maintain that the 2 parts - a Cllrs DPI and a grant of public money to an individuals personal advantage -  are mutually exclusive.
If (IF) there is a DPI which is not being declared then there is a breach. If the is a non disclosable interest refer to your standing orders. If there is neither, the question doesn’t exist.
If you are saying YOU believe there absolutely is a DPI, then refer to MO.

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The DPI is being declared and the grant process is valid . The question is quite simply whether he can be allowed to remain in the meeting to answer questions on his report and that is of course moreso for the benefit of other Councillors