Topic: Councillor who is also an allotment holder on committee-legality

[55david]

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Pease can someone answer this question

Is a councillor allowed to sit, and indeed be 'Chair' on an allotment sub-committee when he/she or a member of their family (wife/husband) has an allotment on said site or is this classed as a 'conflict of interest'?

And is this same councillor allowed to vote/state their opinions/discuss policy making decisions regarding the allotments, or any matters relating to them at a town council committee meeting?  Or again, is this a conflict of interest?

What are the legalities of this situation and can he/she be removed from the sub-committee and/or made to leave the room at council meetings when allotment matters arise?  And also keep their view to themselves so as not to influence other councillors in their decision?

This councillor rather than being on the side of the allotment holders does everything in their power to object to everything and anything to do with the allotments, even going so far as declaring at a council meeting discussing legislation on the keeping of chickens on the allotments - for which there is none, so the Allotment Act 1950 applies and we can keep chickens as of right - 'We will just ban them on the allotments'

Thank you

[ceres]

It might be classed as an interest, not necessarily a conflict of interest.  Councillors are users of council services in the same way as ordinary members of the public. I'm sure there are probably councillors who sit on recreation committees who are members or their families are members of council gyms, libraries or swimming pools.  I can't see that automatically giving rise to a conflict.  I would expect the interest to be declared but don't imagine that the councillor would be expected to leave the meeting.  In general, having a councillor who is an allotment holder would seem to be a good thing.

The Code of Conduct for councillors is produced by the Standards Board for England (assuming you're in England, I don't know what the Scottish, Welsh, NI equivalants are).  It covers Personal Interests, pdf here:

http://www.standardsforengland.gov.uk/Guidance/TheCodeofConduct/Guidance/filedownload,16126,en.pdf

Your council should have a Register of Interests available for scrutiny and should also record any declarations of interest in committee meetings.  My council has them all available on its website.

[Unwashed]

What Ceres said.

If you think a councillors has behaved wrongly you can make a complaint to the standards committee (at least I think you still can, they're being abolished).  It's almost certainly an interest, though whether it's a prejudicial interest is another matter.  The councillor should declare their interest at the start of the meeting but I'm guessing that unless the issue affects them specifically rather than just generally it won't be a conflict of interest and there will be no obligation for them to withdraw.

There was a time when councils were actually required by the allotments acts to co-opt allotmenteers onto an allotments committee.  The requirement has been repealed but it could still be done. 

Your real complain is that you don't share your councillor's views.  It's by no means unusual for councillors to express views that are technically unlawful, such as banning chickens on allotments, but if the cleark's on her toes she'll catch that, but there's noting to stop councillors saying stuff you don't agree with, that's just how representative democracy works.