Ethical standards clinic

Does the subject member have a prejudicial interest at the hearing which is determining their conduct? If so, can they take advantage of paragraph 12(2) which allows a member with a prejudicial interest to speak, answer questions or make representations before leaving the room.

Dealing first with the personal interest test: Clearly the subject member has a personal interest as a decision about as to his or her conduct would reasonably be regarded as affecting his or her well-being to a greater extent than others in the area or the ward. However, it is unlikely that the interest will also be prejudicial. A prejudicial interest will arise if the matter being considered affects the member’s financial position or relates to the determining of any approval licence permission or registration in relation to the member. For those members who do not receive an allowance for carrying out their role as a councillor, any decision by the Standards Committee as to their conduct will not have an affect on their financial position, e.g. parish councillors, co-opted members (as defined by section 49 of the Local Government Act 2000).

For those members who receive an allowance, not all authorities have policies which provide that a member will lose their allowance where the standards committee has found a breach of the code and suspended them. In addition, even though there may be a breach of the code, the committee may not necessarily decide to suspend the member from office, and therefore have a potential affect on their allowances. It could therefore be argued that a subject member does not have a prejudicial interest at the hearing of a standards committee concerning their conduct.

We would stress that each case will turn on its facts and that the view expressed in this answer may not apply to all circumstances. If a subject member was considered to have a personal and prejudicial interest, the member would be able to attend the hearing without needing to withdraw in accordance with the provisions set out in Regulation 6 of The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 as amended which gives a subject member the right to present evidence and make representations.