3
Under reference to item 2 of the Minute of the meeting of this Consultative Forum held on 2 September 2016 there was submitted a report by the Clerk relative to declarations of interest in terms of the Councillors’ Code of Conduct and whether the same considerations applied to members of the Consultative Forum who were not elected members.
The report intimated that the Code of Conduct for Councillors was published to comply with the Ethical Standards in Public Life etc. (Scotland) Act 2000. The Code of Conduct continued to play a vital role in setting out, openly and clearly, the standards councillors must apply when undertaking their Council duties. It was vital that the Code continued to give assurance to the public that their elected members were acting in accordance with high ethical standards.
The key principles of the Code, especially those which specified integrity, honesty and openness were given further practical effect by the requirement for councillors to declare interests at meetings which they attend. The rules on declaration of interest, along with the rules which required registration of interests, were intended to produce transparency in regard to interests which might influence, or be thought to influence, actions as a councillor.
It was for the individual councillor to take responsibility to make decisions about whether they had to declare an interest or make a judgement as to whether a declared interest prevented them from taking part in any discussions or voting. They were in the best position to assess personal circumstances and to judge how these circumstances affected their role as a councillor in regard to a particular matter.
It was noted that there was no requirement for non-elected members of the Consultative Forum to declare an interest at meetings as the Councillors’ Code of Conduct did not apply to them. It was an option for members of the Consultative Forum to agree to be bound by the standards of behaviour in the Councillors Code of Conduct although the sanctions for non-compliance with the Code, which were imposed by the Standards Commission for Scotland could not apply to those who were not elected members.
The report advised that members of the Consultative Forum might also wish to consider whether there would be circumstances where as a matter of good practice they should declare an interest. On bodies such as the Consultative Forum, which was not a decision making body, it was unlikely that a genuine conflict of interest would arise. Membership of the Consultative Forum was open to representatives of various interests in the Regional Park which meant that it was reasonable to expect that those representatives would seek to promote their own interests. There should also be an awareness amongst the members present at a meeting of the Forum of which interests each member was representing. In the absence of a statutory requirement to declare an interest, in most cases there should be no expectation that the interests of members of the Consultative Forum would be declared at a meeting.
It was proposed that there be an expectation that non-elected members of the Consultative Forum declare an interest at meetings of the Consultative Forum and this was agreed.
DECIDED:
(a) That the report be noted; and
(b) That it be agreed that there would be an expectation that non-elected members of the Consultative Forum declare an interest at meetings of the Consultative Forum.