Committee on Standards in Public Life: Getting the balance right: Implementing standards of conduc…
R10-27
Published January 2005
Response position and delivery status are recorded separately. Acceptance does not establish implementation.
Recommendation (the Committee's words)
The following principles should apply where members are appointed, or nominated, to an outside body by their local authority (or have their membership approved by their local authority); are a member of another relevant authority; or are a member of another public body in which they hold a position of general control or management. They should be free to speak but not vote, subject to: (i) the declaration of a personal interest; (ii) the matter before the Council/Committee does not relate to an application by the outside body for any licence, consent or an approval or any objection to such matters or to any statutory order or regulation to be made by the local authority; and
(iii) any representations must be made in an open and transparent manner.
(iii) any representations must be made in an open and transparent manner.
From: Committee on Standards in Public Life, Getting the balance right: Implementing standards of conduct in public life, January 2005
Government response
Government response (the government's words)
Following its review of the code, the Standards Board has proposed something similar to this proposal. Members frequently hold appointments to other public bodies and the current code places an onerous responsibility on members to declare membership of other public bodies, and withdraw from meetings when issues relating to these bodies are raised. We accept the fact that in some circumstances a discussion can involve the public body with which the member is concerned without the member’s judgement of the public interest being prejudiced. We recognise that it is necessary to balance the need to give public reassurance that decisions are being taken in the public interest, and enable members to represent the concerns of public bodies on which they serve and use the experience and knowledge they have gained from their membership of those bodies.
We intend to make amendments to the code which will adopt a solution involving the member making a declaration of personal interest at the time when he speaks on a relevant issue (rather than at the start of the meeting). In addition, even where the member has a prejudicial interest in the matter relating to the body he represents (eg where the matter has a direct impact on the body concerned, or where the member is involved in regulatory matters in a decision- making capacity such as in respect of planning and licensing), he should be allowed to remain in the meeting to speak on behalf of the body, or on behalf of a campaign that he supports, but should withdraw before the vote.
We intend to make amendments to the code which will adopt a solution involving the member making a declaration of personal interest at the time when he speaks on a relevant issue (rather than at the start of the meeting). In addition, even where the member has a prejudicial interest in the matter relating to the body he represents (eg where the matter has a direct impact on the body concerned, or where the member is involved in regulatory matters in a decision- making capacity such as in respect of planning and licensing), he should be allowed to remain in the meeting to speak on behalf of the body, or on behalf of a campaign that he supports, but should withdraw before the vote.
From: HM Government. Source document ↗