Agenda item

To consider a report by the Monitoring Officer (copy enclosed) detailing the legislative changes relating to the Register of Members’ Interests.

A report by the Monitoring Officer was submitted (previously circulated) informing members of the legislative changes relating to the Register of Members’ Interests and the course of action proposed to ensure that the County Council and Town and Community Councils were complying with the new requirements.

Members were reminded of the requirement for county councillors to register financial and other interests and for the Monitoring Officer to maintain a Register of Members’ Interests available for public inspection.  Legislative changes would soon be coming into force introducing a requirement to publish the register electronically and advertise how it could be accessed.  Democratic Services were in a position to publish the register on the Council’s website, linked to each councillor’s profile page.  Before publication councillors and co-opted members would be asked to review their current register and update them if necessary.  An annual reminder would also be sent to check for accuracy.

In terms of Town and Community Councils it was clarified that there was no requirement for those members to register.  It appeared that where a register was maintained the Clerk would be responsible for ensuring an electronic version was published.  Advice would be given as to the legal position when it became clearer.

The committee considered the uncertainty surrounding the requirements for Town/Community Councils and some concern was expressed that having to register interests could discourage potential candidates from standing for local election.  The Deputy Monitoring Officer explained that each Town/Community Council decided individually whether to maintain a register but there was no requirement to do so.  She confirmed there was an obligation for each council to have its own website in future and explained the issue was whether, in the interests of transparency, there would be an obligation to publish the register electronically where one was maintained.  The new legislation would be interpreted by the Monitoring Officers and Governance Group following which a briefing note would be issued to Clerks of Town/Community Councils setting out the legal advice.  Members were assured that no pressure would be placed on town/community councils to conform to a particular practice in terms of choosing whether or not to register members’ interests.

There was some general discussion about the obligation placed on town/community councils to publish information online and the availability of grant funding for that purpose.  Local councillors reported upon the current practice of their individual councils in this regard and members acknowledged there could be both advantages and disadvantages of maintaining and publishing a register of members’ interests.  In view of the potential difficulties for some Town/Community Councils to publish an electronic register members considered what support the County Council could offer in that regard. The general consensus was that it was not appropriate for the County Council to maintain a central register on behalf of those councils but further consideration could be given to providing support once there was a definitive view on whether there was a requirement to publish an electronic version.  The committee felt it would be useful to seek the views of the Town and Community Councils on maintaining a register and the legislative changes.

As a point of note the Deputy Monitoring Officer advised that the power to make the decision had been incorrectly referenced as the 1972 Act in paragraph 10.1 to the report and should read the Local Government Act 2000.

RESOLVED that –

(a)       the legislative changes relating to the Register of Members’ interests be noted and the steps being taken to ensure that the Council was in compliance with those changes be approved;

(b)       the Monitoring Officer be asked to write to the Clerks of Town and Community Councils setting out the legal position and ambiguity over the publication of an electronic version of the register and seeking their thoughts and councillors’ views on having a register of members’ interests, and

(c)       feedback received from the Town and Community Councils be submitted to a future meeting of the Standards Committee.