ITEM 5

STANDARDS BOARD FOR ENGLAND - CASE SUMMARY

Case No: SBE4825.03

Member:

Councillor Peter Chegwyn

Authority:

Hampshire County Council

Date received:

18 September 2003

Date completed:

12 May 2004

Allegation:

A member failed to disclose a personal interest, failed to withdraw from a meeting when a matter in which he had a prejudicial interest was discussed, sought improperly to influence a decision on the matter, and failed to register an interest.

Outcome:

The Ethical Standards Officer found that no action needs to be taken.

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The complainant alleged that Councillor Peter Chegwyn failed to disclosure a personal interest in Hampshire County Council decision to award a grant for a music festival at a meeting on 12 June 2003. The complainant alleged that Councillor Chegwyn worked for the organisation responsible for the festival, and as such had a prejudicial interest in the matter and should not have taken part in the meeting.

The Ethical Standards Officer considered that Councillor Chegwyn had a personal and prejudicial interest in the grant application, as the Festival Organiser and a friend of the owner of the company making the application. However, Councillor Chegwyn was not actually at the meeting on 12 June 2003. He therefore did not have to disclose a personal interest in the item on the grant, or withdraw from the meeting because of any prejudicial interest.

The Ethical Standards Officer also considered whether Councillor Chegwyn used his position as a Councillor to secure an advantage for the music festival by writing to the Council's Leader and Executive Member for Policy and Resources about the festival on 11 June 2003. Councillor Chegwyn asked for more money for the festival, to meet the organisers' budget deficit.

The Ethical Standards Officer considered that Councillor Chegwyn improperly used his position as a Councillor to secure an advantage for himself and others by writing this letter. The Ethical Standards Officer also considered that Councillor Chegwyn sought improperly to influence the decision on the grant.

The Ethical Standards Officer further considered whether Councillor Chegwyn failed to include details of his work for the festival in his register of financial and other interests. Councillor Chegwyn's register of interests dated 23 May 2003 does not indicate any involvement with the festival. However, Councillor Chegwyn updated his register on 12 April 2003 to include his involvement as an unpaid volunteer. The Ethical Standards Officer noted that the Code of Conduct does not specifically require the registration of such voluntary activities, even though this was in line with the spirit of the Code and the overall principles of transparency and openness in local government. The Ethical Standards Officer concluded that there was no evidence that Councillor Chegwyn failed to accurately register his interests.

In reaching a finding, the Ethical Standards Officer took into account the fact that Councillor Chegwyn worked voluntarily for a festival being run in the public interest. The Ethical Standards Officer also noted that the grant was, according to Councillor Chegwyn, for free daytime activities for families and children.

In these circumstances, the Ethical Standards Officer found that no action needs to be taken.

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Relevant Paragraphs of the Code of Conduct

The allegation in this case relates to Paragraphs 5(a), 8, 9, 10(1) and 12 of the Code of Conduct. Paragraph 5(a) states that a member "must not in his official capacity, or any other circumstances, use his position as a member improperly to confer on or secure for himself or any other person, an advantage or disadvantage". Paragraph 8 states that "a member must regard himself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 14 and 15 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council taxpayers, ratepayers or inhabitants of the authority's area, the well-being or financial position of himself, a relative or friend". Paragraph 9 states that "a member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent". Paragraph 10(1) states that "a member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest". Paragraph 12 states that a member with a prejudicial interest in any matter must "withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting" and that he must "not seek improperly to influence a decision about that matter". Ends.