'disclosable personal interests'

Question

The change in the CoC seems to have led to much confusion. It is clear and simple that if a member has a pecuniary interest they must not take part in debate and withdraw from the meeting etc. However there seems to be total confusion in relation to non-pecuniary, personal or some call them private interest.

The CoC that our council adopted only says about pecuniary interests and interests in relation to determination of something that relates to a councillor or an 'associated person' application for something.

My understanding, which I have gained from reading the DCLG guidance in declaring interests and MANY other documents, is that all all personal interests must be declared and you must follow the councils rules in relation to them. Although in the NALC model CoC there is a list of personal interests that mean a member must leave the room this was not included in the Kent Associations model code. I have never seen anywhere that says that all personal interest mean cllrs must leave the room etc. However our clerk is now telling us that all declarable personal interests mean that cllrs must leave the room etc....

Is our clerks advice right?

What is the definition of declarable personal interests if the CoC that our council adopted doesn't define them?

Answer 1

If councillors wish to behave well, and I think they should, then the old definitions provide reasonable guidance.

A personal interest is a situation where the individual is more affected by a decision than the typical citizen.  And a prejudicial interest is one where an observer would think that the individual was likely to have their judgement affected by their interest.  The latter were the interests that required withdrawal.

An obvious problem with the new regime is that there is no means of enforcement for anything short of criminal behaviour.  The clerk or fellow councillors do not have the right to adjudicate, and the district council has no means of enforcement short of the criminal law.

All of which really seems to mean that councillors can do as they please short of criminality with the only sanctions being public opprobium and getting thrown out at the next election.