Councillors' declaration of interests
Declaring an interest at Council meetings
Councillors must declare interests when attending Council meetings, even if their interest is on the Register of Interests.
Where a matter at a meeting directly relates to a Councillor's interest, the councillor must disclose the interest:
- at the beginning of the meeting, before the matter is discussed, or
- during the meeting, whenever it becomes apparent that they have an interest
The minutes of the meeting must record the nature of the interest, the reason the interest arose, and the action taken by the Councillor.
Declaring a Disclosable Pecuniary Interest (DPI)
If a councillor has declared a DPI, then they:
- can't take part in the discussion for that item
- can't vote on that item, and
- must leave the room whilst the item is being discussed.
In some cases, they may be given permission to stay in the meeting despite having a DPI from the Council's Standards Committee.
This is known as a 'dispensation'.
If a councillor has a DPI but they fail to declare or register the DPI, it is a criminal offence be involved in the discussion and / or vote on the matter, without first being given a dispensation.
If a councillor has a dispensation, they must declare that at the meeting too.
Declaring personal interests
If a councillor declares a personal (or non-pecuniary) interest, they can be involved in the discussion and / or vote on the matter that relates to their personal interest.
Councillors may favour a particular position but must always consider any matter with an open mind.
Making decisions with an open mind
Councillors must consider matters with an open mind, based on the facts made available at the meeting where the decision is taken.
They must not consider matters with a closed mind, either through bias, or because they have already made up their mind about the matter (known as 'pre-determination').
To take part in a discussion and decision with a closed mind would put the Council at risk of maladministration and / or legal proceedings.
If a councillor feels that they are biased or predetermined, they should declare an interest and this should be recorded in the minutes, and they should not be involved in the discussion and vote.