Can a member declare an interest then propose a amendment to a contract?

Question

A councillor on a committee delcared a personal interest in a trust.  The chair gestured that it was not necessary for him to declare a personal interest before he had even heard what the proposal was that the councillor was making.  It was then not noted in the minutes.  The committee was making a decision about either a 10 year blanket maintenance contract with their District Council or to make all of the tenders themselves.  This particular councillor asked that they go for the blanket 10 year contract but to put discreet entries within it and he would then look at the entire menu to take out certain elements that he knew this trust would be interested in tendering for. He advised it was for 'quality'.  Although this meeting was also not lawfully advertised they have still agreed and signed it off.  The councillor then advised of another interest and put forward a proposal for a special 'meadow' to be created without advising of what benefit this would be to the town. This again was agreed without declaring his interest on the minutes.  is any of this allowed?

Answer 1

There appear to be some serious problems there - it's difficult to know where to start!

It is not up to fellow councillors (including the chairman) to decide whether a councillor should declare an interest.  The new regime does, however, have few sanctions against councillors unless the matter is serious enough to count as a criminal offence.  Declarations of interest should be recorded in minutes.

A council cannot lawfully meet unless three clear days' notice of the meeting has been given by posting an agenda in public.  A council cannot lawfully decide anything that is not reasonably clearly spelled out as an agenda item.  Decisions made by a council must be minuted, and citizens have a right to inspect minutes.

If you feel that the council is not working to proper standards, you can complain to the legal officer of the principal authority - usually the district council.