Committee on Standards in Public Life: Local government ethical standards: report
R19-7
Response position Rejected
Published January 2019
Response position and delivery status are recorded separately. Acceptance does not establish implementation.
Recommendation (the Committee's words)
Section 31 of the Localism Act 2011 should be repealed, and replaced with a requirement that councils include in their code of conduct that a councillor must not participate in a discussion or vote in a matter to be considered at a meeting if they have any interest, whether registered or not, “if a member of the public, with knowledge of the relevant facts, would reasonably regard the interest as so significant that it is likely to prejudice your consideration or decision-making in relation to that matter”.
From: Committee on Standards in Public Life, Local government ethical standards: report, January 2019
Government response
Government response (the government's words)
Section 31 of the Localism Act 2011 requires that a councillor must not participate in a discussion or vote on a matter where they have a disclosable pecuniary interest in any matter to be considered at the meeting. Section 30(3) of the Localism Act 2011 further provides that any relevant pecuniary interests of a councillor’s spouse or partner are considered as a disclosable pecuniary interest of the councillor.
The Committee’s report reflects concerns that the disclosable pecuniary interest arrangements infringe on the privacy of a councillor’s spouse or partner. Where there would be a potential conflict of interest, the principle of integrity requires that any such interests should nevertheless be declared and resolved.
The Government will keep this matter under review but has no immediate plans to repeal Section 31 of the Localism Act 2011.
The Committee’s report reflects concerns that the disclosable pecuniary interest arrangements infringe on the privacy of a councillor’s spouse or partner. Where there would be a potential conflict of interest, the principle of integrity requires that any such interests should nevertheless be declared and resolved.
The Government will keep this matter under review but has no immediate plans to repeal Section 31 of the Localism Act 2011.
From: HM Government. Source document ↗