declaring an interest

Question

One of our parish councillors is also on the community trust; he is also the representative for the parish council and there is one other (parish councillor) also on the community trust.

The chairman and vice chairman have told them they must 'declare an interest'. For what reason they do not know & they are angry that they will not be able to be discuss with the other PC's any trust business at a PC meeting

They view this a a form of gagging and oppression and don't know how to view this!

Is it legal and for what purpose would it have?

The community trust is a registered charity

Answer 1

I am in exactly the same position with my parish council !  

The position in Kent is that the councillor(s) would need to declare an 'Other Significant Interest' (not a Disclosable Pecuniary Interest), as the Community Trust is seen as an Associated Person, a body in which the councillor is in a position of general control / management and either:

: Cllr has been nominated to it by the Parish Council or

: The body is doing things of a public nature or for a charitable purpose or to influence public opinion or policy.

This piece of legislation (Localism Act 2011 chapter 20) seems to place barriers in the way of effective joint working for the communities we serve and I share your frustration. Now trying to find ways around the problem.

Please do not take this answer as gospel. Counterpoint has far more knowledge and experience than me.

Comments

Thank goodness I thought I was the only one with this problem. Our chair & vice chair are the worst self aggrandisers ever and is a dictator who for some reason has 'majority' followers and the others are bowed and speechless. Is this another way of gaining power by dictating and silencing these good people who are on the community trust for the good of the community. There just seems to be no way to silence these incomers who do not know what they are doing and just make it up as they go on if they are deemed wrong. A ridiculous situation and we have to wait another year for local elections.

Answer 2

Well, I don't know about my answers being gospel either!

There are just two points that I feel able to make with some confidence. The first one is a recommendation. Assuming this is a matter of some local importance, then I think you should be able to expect support from the local Standards Officer - typically the chief legal officer of the district council. I would ask to consult with him on this parish matter, put the facts before him, and ask for his advice on how to behave. He should be able to give a sound answer, and you will then have a solid authority behind you.

The other is that local councillors, whether chairman or not, have no business attempting to make judgements on matters of interests nor do they have any rights of enforcement. They can make complaints through the official channels if they wish, but they cannot tell other councillors their duty.