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Councilors interests


KairaWRX
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should he declare an interest...

Yes.

 

... and leave the meeting?

Probably not.

 

It is a common view that if someone needs to declare an interest then they should have no further participation in whatever is being considered. This is not at all the case.

 

Subsequent to declaring interests the individual must decide to what degree the interest could affect the appropriateness of their further participation. This will usually be a group decision made on the basis of the matter at hand. In some matters the interest will be of no relevance, but still should be declared. Sometimes participation in votes may be inappropriate, but inclusion in the discussion remains of great value. Such contributions being qualified due to the interest and treated by the others accordingly.

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We had an incident at our town council meeting on declarations of interest. Though the councilors declared, because it was a public meeting where members of the public could have their say they were ok to make a statement in favour of their proposal or amendment.

 

The officers at the meeting would be able to advise, they are non elected. One at least should be from Democratic Services or similar. They would be able to advise. And they should be impartial as far as the running of the meeting goes.

 

It would, as EM said, be dependent on the level of interest. If the wife was a senior manager then that would be more of an interest than say if the wife was a cleaner.

 

But ask the officers.

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The Scottish government's code of conduct is here

 

http://www.scotland.gov.uk/Resource/Doc/46905/0028864.pdf

 

5.13 The interests known to you, both financial and non-financial, of relatives and close friends may have to be declared. This Code does not attempt the task of defining “relative†or “friendâ€. Not only is such a task one fraught with difficulty but is also unlikely that such definitions would reflect the intention of this part of the Code. The key principle is the need for transparency in regard to any interest which might (regardless of the precise description of relationship) be objectively regarded by a member of the public, acting reasonably, as potentially affecting your responsibilities as a councillor.

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If a councillor was due to vote in favor of an education department initiated school closure proposal, and said councillor's wife worked for the head of education, should he declare an interest and leave the meeting?

 

Yes

Yes

Bet he declares an interest, stays, contributes to debate in his open and benign manner then votes with as much self interet as he wishes. And no one will say or do a thing about it.

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