Agenda item

Members considered a request for a dispensation under the Code of Conduct to enable Councillor Mark Davis to participate in meetings of the Area Planning Committees, the Planning and Transportation Advisory Board and other meetings where the Local Plan was under consideration in circumstances where Councillor Davis would otherwise be required to declare an Other Significant Interest (by virtue of being a partner in Warners Solicitors and having a client of the firm with an interest in the matter under consideration) and leave the room having taken no part in the discussion or vote.

It was noted that Councillor Davis did not seek a dispensation to vote on any such reports but sought permission to be allowed to remain in the room and participate in discussions.  The grounds for the request for the dispensation were set out in Annex 1 to the report.

Consultation had taken place with the two independent persons (David Ashton and John Gledhill) in advance of the meeting and their comments were noted.  Particular reference was made to the observation raised by Mr Ashton that Councillor Davis could be considered to already have a favoured position by virtue of being a serving member of the Borough Council which could be seen to benefit potential business clients.   The Director of Central Services reminded Members that any potential commercial benefits were not the ‘test’ for the Committee to consider but whether the granting of dispensation was appropriate in all the circumstances, having regard to a number of matters including the need to promote high standards of ethical conduct whilst at the same time allowing for the efficient and effective administration of Borough Council business.

Careful consideration was given to the request for dispensation as set out by Councillor Davis and whether his withdrawing from meetings for potentially having an Other Significant Interest due to his employment status as a partner of Warners Solicitors represented a disenfranchisement for him and local residents.  Members felt it important that Councillor Davis should be able to listen to any relevant discussions to aid his understanding of any concerns raised and to enable him to accurately report the Borough Council’s views to his constituents.   The importance of setting out clear criteria for the dispensation to avoid confusion and to provide transparency for Members and residents was also recognised. 

The Director of Central Services reminded the Committee of the circumstances under the current Code of Conduct where any Member with an Other Significant Interest had the right to address the meeting (for example via a three minute statement at Area Planning Committees) and that this should apply to Councillor Davis if a dispensation was granted. 

After careful consideration, it was proposed that dispensation be granted to allow Councillor Davis to remain in the meetings of the:

-       Area Planning Committees; and

-       Planning and Transportation Advisory Board, Cabinet and Full Council where the Local Plan was discussed

to listen to, but not participate in, the debate or vote on the matter in hand.  In addition, Councillor Davis would have the right to address the Committee but would not then be permitted to take further part in the discussions, this dispensation to be announced at all relevant Committees to avoid confusion.  Finally, there should be a formal review of the dispensation after 12 months to monitor progress.

RESOLVED:  That the request for dispensation for Councillor Mark Davis be approved on the grounds set out above and to remain in effect until the next local elections in May 2019, subject to anything arising from the formal review in 12 months.