Contact: Jeff Pattison, ext 7321, email [email protected]

1 Summary

1.1 The Standards Board for England in late September issued guidance for members on the issues surrounding lobby groups, dual-hatted members and how they impacted on the Code of Conduct. A copy of the guidance is attached. This report sets out the main thrust of the guidance and suggests that a copy of the guidance received be sent to all members of the County Council.

2 Standards Board Guidance on Lobby groups and dual-hatted members

2.1 Since the adoption of the members' Code of Conduct and the establishment of the Standards Board for England, particular concerns have been raised about membership of lobby groups and also in respect of those members who have strong connections to other public bodies. Thus some councillors may be members of their respective Parish, District and County Council. The opportunity has therefore been taken by the Standards Board to give advice specifically in relation to these areas and their importance in relation to the interpretation of the Code of Conduct. The advice is divided into three parts:-

· Membership of lobby groups

· Dual-hatted members and the interpretation of paragraph 10(2) of the Code of Conduct

· What you can and cannot do if you have a prejudicial interest

2.2 Membership of lobby groups

The guidance points out that public confidence in the probity of decision-making is paramount and that the law requires members to make decisions fairly based upon the evidence and arguments presented at the time the decision is made. It is also important that members do not give the impression that a final conclusion has been reached before the decision is taken.

So far as the advice on membership of lobby groups is concerned, members must also consider whether or not in addition they have a personal or prejudicial interest in a matter due to other circumstances, such as very close proximity to the site of a planning application.

Personal interests arising from membership of lobby groups

If you are a member of a lobby group then this must be entered in your Register of Interests because it is a body whose purpose is the influence of public opinion. This will then constitute a personal interest which should be declared at any meeting at which a decision is made that concerns the lobby group. Unless the interest is also prejudicial, you will nonetheless be entitled to speak and vote on the matter.

Prejudicial interests arising from membership of lobby groups

Whether a personal interest that exists is also a prejudicial interest depends upon whether the interest is so significant that a member of the public with knowledge of the relevant facts would reasonably think that your judgement of the public interest is likely to be prejudiced. This is obviously a matter of opinion and therefore caution needs to be exercised when considering this and coming to a conclusion. The Standards Board offer the following advice as to circumstances in which a prejudicial interest may or may not arise:-

Circumstances in which a prejudicial interest may arise

· Where a matter to be discussed will have a direct impact on a lobby group. For example, whether to grant funding to the group or to approve planning applications submitted by them.

· Membership of a group that campaigns for or against a particular planning or licensing application may well constitute a prejudicial interest.

· Being a leading campaigner in the "Expand our Leisure Centre Campaign" when you are part of the Committee discussing whether to expand that particular leisure centre.

· You are the spokesperson for the "Save our Primary School Action Group". You probably have a prejudicial interest if you are part of any decision by the Council about the future of this school, or if you had a child at the school.

· You would have a prejudicial interest if you were a member of the "No More Incinerators Group" and sat on a planning committee to determine an application for a new incinerator.

Circumstances in which you may have a personal but not a prejudicial interest

· If you are a member of a lobby group and the authority is consulted for its views on a matter which it does not have the power to take the final decision. This might apply to a proposal for the creation of a new National Park. Although you will have a personal interest, it will not be a prejudicial interest.

· If you are a member of English Heritage and sat on a committee determining an application for listed building status that English Heritage had expressed support for, then the interest would be personal but not prejudicial unless other factors were involved.

· Being a leading campaigner in the "Expand our Leisure Centre Campaign" if the matter for determination by the Committee related to the authority's Capital Plan, even if it involves some change to the leisure facilities in the authority's area. This is because the project would only be one part of the overall plan and probably only a small part.

2.3 Dual-hatted members

This section in the guidance relates to those situations where members have interests arising from service on other authorities and public bodies, such as membership of Parish, District and County Councils.

Paragraph 10(2) of the Code of Conduct indicates that where this is the case, a member "may" regard himself as not having a prejudicial interest. However, the Standards Board has advised that this is not an automatic dispensation that should be applied in each and every case, but rather that every member must assess whether or not it should be applied in the circumstances relevant to them. Thus whether a member is also a member of another relevant authority, or another public authority or a body to which he has been appointed or nominated by the authority as its representative, consideration must nonetheless be given as to whether or not the interest is prejudicial and whether, therefore, the member should absent themselves from any aspect of the decision-making including participation in the debate.

A member may, for example, consider the same issue at more than one tier of local government including speaking and voting in both tiers so long as certain conditions are satisfied. Thus at the lower tier of government it should be made clear that as a member of the higher tier of local government, you must reconsider the matter afresh taking into account all relevant evidence and representations made at that higher tier of local government, and declare a personal (but not prejudicial) interest arising from your membership of the lower tier of local government. It should also be made clear that the lower tier of local government's views on the matter does not bind you personally and that you will consider the matter afresh.

However, the Standards Board advise that even where the dispensation in paragraph 10(2) does apply, members should not sit on decision-making bodies such as planning and licensing committees when they decide applications from another authority on which you also serve. The same situation would apply where there is a contract between the two authorities, for example, in the case of a lease between them when it is likely that the public would think that your judgement is likely to be prejudiced. Even though the dispensation in paragraph 10(2) of the Code of Conduct could be applied in these circumstances, the Standards Board recommend that a prejudicial interest should be declared and the member concerned should take not further part in the matter.

Similarly, if as a member you are also represented on an outside body, for example, as a governor to a school and a decision comes before the Council as to whether or not to close that school, then again the Standards Board recommend that the dispensation in paragraph 10(2) should not be utilised and a prejudicial interest should be declared.

2.4 What you can and cannot do if you have a prejudicial interest

What you can do

· You can make written representations, providing you disclose the existence and nature of your interest and do not seek preferential consideration for your representations. Such written representations in a private capacity can be made to officers involved, but not to individual members.

· In the case of planning applications, you can use a professional representative to make an application on your behalf, avoiding any appearance of impropriety.

· If constituents from your area have views about a matter in which you have a prejudicial interest, you could arrange for another member of the authority to present those views. You should formally advise your constituents about your interest and inform them that the other member will represent their views on the issue. When representing the views of your constituents, the other member should make it clear to the committee or officers that he or she is acting in your place because you have a prejudicial interest in the matter.

What you cannot do

· You cannot be present in the public gallery or speak as a member of the public, even during separate public discussion sessions.

· You should not make written representations to members of the relevant committee (you should submit them only to the relevant officers).

· To prevent any appearance of improper influence, you should avoid discussing the matter with any member of the authority, even to ask a ward councillor to present your views in your absence (but you are permitted to approach other members to represent the views of your constituents).

· You should certainly not attempt to lobby committee members about the matter, before or after a meeting, attempt to use your status as a member or influence consideration of a submission, or try to get officers to change a decision or recommendation.

3 Recommendation

That the Standards Committee endorses the guidance issued by the Standards Board for England and requests the Monitoring Officer to send a copy of it to every member of the County Council.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published Works

2. Documents which disclose exempt or confidential information as defined in the Act.

None.