Councillors' code of conduct: consultation 2020

Section 5:  Declaration of Interests  

5.1 For each particular matter I am involved in as a councillor, I will first consider whether I have a connection to that matter.

5.2 I understand that a connection is any link between the matter being considered and me, or a person or body I am associated with. This could be a family relationship or a social or professional contact. 

5.3 A connection includes anything that I have registered as an Interest. 

A connection does not include:
a) Being a council tax payer when the council tax is being set
b) Being a rate payer when that rate is being set
c) Being a Council House Tenant when Council house matters generally are being considered 
d) Being a Council Tax/Rate Payer, Council House Tenant or member of the public when Services delivered to the public generally are being considered or when the council's budget is being set
e) Being a Councillor when Councillors remuneration, allowances, expenses, support services or pensions are being considered
f) Being a member of a body to which I have been appointed or nominated by the Council as a Councillor representative unless:

• the matter is quasi-judicial or regulatory; or
• I have a personal conflict by reason of my actions or my legal obligations. 

5.4      I will declare my connection as an interest at the earliest stage possible in meetings where the objective test is met – that is where a member of the public with knowledge of the relevant facts would reasonably regard my connection to a particular matter as being so significant that it would be considered as being likely to prejudice the discussion or decision-making.

5.5      I will not remain in the room (if physically present) or meeting (if online) nor participate in any way in those parts of meetings where I have declared an interest.

5.6 I will consider whether it is appropriate for transparency reasons to state publicly where I have a connection.

5.7 I note that I can apply to the Standards Commission and ask it to grant a dispensation to allow me to take part in the discussion and decision-making on a matter where I would otherwise have to declare an interest and withdraw (as a result of having a connection to the matter that would fall within the objective test). I note that such an application must be made in advance of any meetings where the dispensation is sought and that I cannot take no part any discussion or decision-making on the matter in question unless, and until, the application is granted.  

Explanatory Note: The proposed revised section:

Establishes three clear and distinct stages – Connection – Interest – Participation
The general exemptions are contained at Stage 1 – connection…where it is stated what is NOT a connection
Significantly liberalises being a council appointed representative on an outside body except for quasi-judicial matters or for times when duties as a director etc or other reasons create an actual conflict. This can even include when making funding decisions about the outside body.
Use Guidance to elaborate on what a connection might be
The Objective Test is contained at Stage 2 and is allowed to remain central- a connection only becomes an interest if it meets the objective test
Participation is unconditionally linked to declaring at Stage 2 – i.e. if you have an interest there is no participation
Remove Council Appointments to Outside Bodies from the Register of Interests and provide a separate List of Council Appointments to Outside Bodies
Transparency Statements to be made for connections which are not interests
Use Guidance to offer advice on other aspects currently contained in the code
There is no Gifts & Hospitality register anymore – elsewhere in section 3 of the code a shift has been made so that gifts and hospitality is either reasonable and modest and therefore allowed/no need to declare it OR simply can't be accepted if it's not reasonable and modest

Put reference to Section 20(3) of the Housing (Scotland) Act 1987 in Guidance and, specifically, while it precludes a member of a local authority from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where-
(a) the house in question is situated; or
(b) the applicant for the house in question resides, in the electoral division or ward for which that member is elected
that neither this provision, nor the amended Code would, in situations where members are asked to consider houses in multiple wards for a particular applicant, preclude members from the other wards from taking part in the decision because it is not known at that point which of those wards the individual will actually move to (i.e. would not be connection and / or fall within objective test)