Members Register of Interest

Question

Our District Council refuses to display on their website Members interests. Up until recently the Town and Parishes were not able to either, this decision has been reversed and is optional so a handful of 1st tier Councils now include this online. As a Parish Council we have a number of vacancies to fill shortly by cooption, a District Councillor who would be ideal has refused to put himself forward due to the public display of Members interests on our website. My question is, is this Transparency a legal requirement or just a recommendation? Can this District Councillor opt out if coopted? Thank you in anticipation.

Answer 1

If you are a parish councillor you really ought to know the answer to your question. See 81(1) of the Local Government Act 2000 at https://www.legislation.gov.uk/ukpga/2000/22/section/81  The Register of Interests held by the higher authority MUST be made available to the public so there can be no possible reason to disallow its publication on a parish council website, or anywhere else for that matter, as it is already in the public domain. My parish council publishes on its website a link to the county's register. Simples. A district councillor who is shy of having his/her interests published cannot, by definition, be ideal for any public office so you should not co-opt him/her. It is essential for the conduct of any sensible, first world, 21st century democratic governance, however far down the hierarchy, that interests are declared for all to see. Failure to register or declare an interest is a criminal offence and the whole subject should be taken very seriously.

Comments

I though it was only illegal if you did not register a 'pecuniary interest'. I thought that other interests were advisable to be noted but not required, I welcome all thoughts on this question.

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"I thought" does not do. You must read your Code of Conduct as adopted by your council. Mine has a schedule showing what interests must be declared and where and when. Interests can be other than pecuniary. For example, a councillor should declare an interest in his son's planning application, or his very close friend's. Anything that might lead to a prejudice or bias is an interest.They may or may not be noted but they must be declared as and when relevant. If they are noted it should be on the county register and in the public domain. There is no other official register. Scrappy note books held by clerks are not official. The interests must not be kept secret as that, obviously, defeats the whole purpose.

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Thank you Simon

I fully take note of what you have told me and am researching further information.
Again thank you.