1.4 How to declare an interest
If you need to declare an interest, be transparent, clear and brief. For example, you can state:
‘I declare an interest in item (x) for the following reason(s) …’
You do not need to give detailed reasoning; only enough to explain why your connection to the matter to be considered is sufficiently significant as to amount to a declarable interest. You could state:
‘I am a friend of the managing director of (x), who are the applicants in respect of …’
or
‘My partner is employed by (x), who stand to benefit from the financial assistance recommended in the report …’
You should be careful to protect the confidentiality of others’ business or financial interests.
For transparency and accurate minute‑taking, you should clearly state that you will leave the room:
‘As I have declared an interest, I will now withdraw from the meeting/leave the online meeting during any discussion and voting on item (x).’
Transparency statements
If you have a connection to a matter to be considered but, having applied the objective test, you do not consider it amounts to an interest, you may make a transparency statement to explain your reasoning. For example:
‘I have a connection to this item by reason of … However, having applied the objective test, I do not consider I have an interest to declare because …’
You can ask committee staff to record your transparency statement in the minutes.
The Standards Commission has produced an Advice Note for Councillors on How to Identify and Declare Interests.
Activity 1 Identifying declarable interests
a.
Yes – you must always declare an interest if anyone close to you has ever been supported by an organisation that receives funding from the Council.
b.
Only if the objective test is met, i.e. whether a member of the public with knowledge of the relevant facts would reasonably regard your connection as sufficiently significant as to be likely to influence your discussion and decision-making on the agenda item being considered by the Committee.
c.
No – it is irrelevant because the financial support received is so limited compared to the overall contribution made or to be made by the Council.
d.
No – because you feel confident that, regardless of the support given to your family member, you can make the decision objectively and on its merits.
The correct answer is b.
Discussion
You would be considered to have a connection under Stage 1. Whether this connection amounts to a declarable interest depends on the specific facts and circumstances of the case, and on whether the objective test is met.
You should declare an interest if the objective test is met:
Whether a member of the public with knowledge of the relevant facts, would reasonably regard your connection [the fact that one of your family members has received support from one of the voluntary organisations] as being so significant that it is likely to influence your discussion or decision‑making.
In this case, relevant facts could include:
- what the Committee was being asked to consider – for example, was it to consider and determine applications for funding or was it just being asked to note that funding had been awarded
- when the financial support was provided – for example, was it a one-off contribution provided several years ago or is it an ongoing arrangement
- the nature of your relationship with the family member – for example, is it a close relative that you see often, or even live with, or is it a distant relative with whom you have little contact.
If the objective test is met, you must declare an interest and leave the room while the agenda item is being considered. Failing to do so could create a perception of unfairness or bias, even if you believe you can assess the matter objectively. It could also lead to a challenge against any decision made by the Council in respect of awarding funding – potentially costly even if unsuccessful – and cause reputational damage to both you and the Council.
If the objective test is not met but you are concerned that members of the public may be aware of your connection to one of the voluntary organisations in question (even if they do not know all the relevant facts), you may wish to make a transparency statement explaining why this connection does not amount to a declarable interest.
a.
Yes, absolutely.
b.
No – being friends with a family member of the applicant is too remote.
c.
Only if the objective test is met – i.e. if a member of the public with knowledge of the relevant facts would reasonably regard his connection to the licensing matter as being so significant that it is likely to influence his discussion or decision-making.
d.
No – the councillor does not stand to gain anything personally from the decision.
The correct answer is c.
Discussion
Whether the councillor should have taken part depends entirely on the specific facts and circumstances. What you have heard may be inaccurate or simply an unfounded rumour.
The councillor would only need to declare an interest and refrain from taking part if the objective test is met: whether a member of the public with knowledge of the relevant facts would reasonably regard the connection as so significant that it is likely to influence his discussion or decision-making.
Relevant facts include how close the relationship is (for example, whether the family member is a longstanding friend or a casual acquaintance) and how close the family member’s relationship is to the applicant (for example, whether they are siblings who speak regularly or distant relatives with no recent contact).
It is important to recognise that even if there is no possibility of personal gain, a failure to declare an interest could still breach the Code if the objective test is met. The key question is whether a member of the public, knowing the nature and extent of the relationships involved, would reasonably view the interest as sufficiently significant to prejudice the councillor’s consideration of, and decision-making on, the specific matter.
Now move onto 2 Registration of interests.
1.3 Participation
