South Leigh

GUIDANCE ON THE DECLARATION OF INTERESTS AT MEETINGS

You need to declare your interests at all meetings where matters being discussed or to be discussed affect your interests.

You need to declare your interests at all meetings where matters being discussed or to be discussed affect your interests.

You have a personal interest in a matter if that matter affects the well-being or financial position of you, your relatives or your friends more than it would affect other people in the Parish. You must look at how any decision reached in any meeting would affect:

1. You and / or their jobs and businesses;
2. You and / or them where you and / or they are a partner in a partnership, and / or where you and / or they are a director of a company;
3. Corporate bodies in which you or they have a beneficial interest in a type of share with a face value (as shown on the share certificate) worth more than 5,000 and
4. You and / or they have an interest in a trust or other organisation whether beneficial or not.
5. Any organisations (whether for profit or not) in which you or they hold a position of general control or management or influence and whether or not, you or they represent your Parish Council.

Under the Code of Conduct:

1. A relative is a partner (someone you are married to or live with as if you were married), a parent, a parent-in-law, a son or daughter, a step-son or step-daughter, the child of a partner, a brother or sister, a grandparent, a grandchild, an uncle or aunt, a nephew or niece or the partner of any of these people;
2. a member of the public is a person who lives in the Parish and / or who pays Council Tax or business rates to the local district authority.

Yes - even if your interest is shown in any Register of Interests, you must also declare it in meetings where matters affecting that interest are discussed.

A prejudicial interest is one which a member of the public who knows the relevant facts could reasonably think is so significant that it is likely to affect your judgement of the public interest.

You must ask yourself whether a member of the public, if he or she knew all the facts, would think that your personal interest was so significant that it would probably affect your decision on the matter. If he or she could think your judgement would be affected, then you have a prejudicial interest.

The Code of Conduct sets out some general exceptions from prejudicial interests. It says that you may not have a prejudicial interest if the matter relates to:

1. Another relevant authority of which you are a member.
2. Another public authority in which you hold a position of general control or management
3. An organisation where you represent your Parish Council.

We have agreed to follow best practice at South Leigh Parish Council so that regardless as to whether a declaration is of a prejudicial or personal interest, the relevant councillor would be asked and expected to leave the meeting and not to vote on any declared interest.

There has recently been an increase in the number of members of the public attending our Parish Council meetings, which is fantastic. We are really pleased that people are interested in the actions of the Parish Council which is, after all, your representative in matters pertaining to our Parish.

However, given the increased numbers, I thought it would be a sensible idea to restate the relevant rules...

Strictly speaking, the public is there only to observe and participate by invitation. Just as with OCC and WODC, these are meetings of the Council held in public and not public meetings.

As is recommended, we have adopted 'model rules' as set out by WODC for the conduct of meetings of the Parish Council - a summary is set out below. They are fairly strict rules but some latitude is allowed at the discretion of the Chair with the consent of the Parish Council.

I, as Chair, have always felt that public participation should be encouraged wherever reasonably possible and so have run our meetings in a much more open way. I am not suggesting that this changes. I continue to support the idea of public participation but I would ask that we remember that meetings of the Parish Council are not meetings of the public.

When issues have arisen, such as Gladman or the Neighbourhood Plan, I have ensured that a full public meeting has been convened so that parishioners can express their views. While I remain Chair, I will continue with this policy. In the meantime, members of the public are encouraged to notify myself, the Clerk or any Parish Councillor of any matter of concern as we purposefully maintain a running Agenda item for such matters. However, whilst we will normally allow matters to be raised at relatively short notice, it would be appreciated if reasonable notice is given of a wish to speak or raise a particular matter as that enables the Parish Councillors to have researched the relevant subject beforehand to ensure an informed debate.

Finally, we, as your Parish Council, are appointed to make decisions on the behalf of the whole Parish. Whilst we will endeavour to hear all views and to take them into consideration, the final decision on any matter is down to the Parish Councillors themselves. In that regard, no councillor entitled to vote has to give a reason for their decision on how to vote.

Council Meetings: Public Participation Procedure

1. The meetings of the Parish Council are not public meeting meetings; they are meetings which are open to the public to attend. Members of the public do not have a right to speak unless invited to do so by the Chairman.
2. In response to a specific request the Parish Council will make available 15 minutes at the commencement of the relevant agenda item for public participation.
3. Any person wishing to address the Parish Council must inform the Clerk not later than the Thursday before the Parish Council meeting giving notice of the subject the wish to speak on. (The reason for the need to give notice is so that the Clerk may undertake any research that may be needed and brief the Chairman)
4. If a person has not given the required notice they may not be able to address the meeting.
5. The Chairman will invite the person to speak on the subject of which they have given notice.
6. The person addressing the Parish Council will speak for no more than three minutes.
7. Having once addressed the Parish Council they will not be allowed to speak again on the same subject unless the Chairman of the meeting invites them to clarify their remarks.
8. A group of people wishing to speak on a subject will appoint a representative to address the Parish Council on their behalf.
9. If two or three members of the public wish to speak on the same subject as individuals (and not as part of a group), the Chairman may use his discretion to stop any speaker who is simply repeating what has already been said.
10. Members of the public may not speak on items that are confidential or exempt from publication under legislation.
11. Members of the public may not participate in the Councillors’ debate.
12. The Chairman of the meeting may rule that any public remarks are not appropriate and will not be accepted, for example if they are defamatory, frivolous or offensive. In such an instance the Chairman may disallow a person from speaking or continuing to speak.
13. To comply with the Code of Conduct, councillors with prejudicial interests who wish to speak during public participation sessions must do so before others with views / representations on the same matter and then immediately leave the room, i.e. they cannot hear the representations of others.
14. If the Chairman wishes to depart from these procedures once incorporated, there will have to be a motion suspending standing orders and the subsequent discussions will not be minuted. Minuting of the meeting will be resumed once standing orders are reinstated.