Minutes:
The Principal Lawyer – Governance and Deputy Monitoring Officer explained that Councillor Brian Burling had applied to the Committee for dispensation to speak and vote on agenda item 4 “Willingham and Over Parish Boundary Review”, as he was a landowner of agricultural fields within the proposed extent of the revised boundary. The Principal Lawyer – Governance and Deputy Monitoring Officer read out the following statement from the Council’s Independent Person:
“Further to our conversations of yesterday and my subsequent consideration of all the documentation referring to the dispensation request for today’s meeting by Councillor Burling, I give you my views in this email as I will not be attending the meeting.
I believe the Civic Affairs Committee should pay particular attention to the Council’s own procedure for granting dispensation, especially 3) which states that dispensations should be made at least 15 days in advance. This was clearly not adhered to so the Committee should ask itself whether the exceptional circumstances are met, i.e. was the councillor only made aware of the existence of an interest once the agenda was published. If the Committee is content that the councillor had no knowledge that this interest would be included in the published agenda then it would be appropriate to move on to the consideration of granting dispensation.
On this matter the Committee must decide which, if any, of the criteria included in the Localism Act are appropriate.
I trust that this is a clear summary of my view and consideration.”
The Principal Lawyer – Governance and Deputy Monitoring Officer took members through the Dispensations Procedure Guide (post July 2012) and referred them to the considerations and criteria they needed to consider when coming to a decision.
Councillor Burling explained that he wanted to be able to support his village by being allowed to participate and vote in the debate. He apologised for not having applied for dispensation earlier, but had only recently been advised of the process. He further explained that he never been advised by the Monitoring Officer on this matter.
The Head of Sustainable Communities and Wellbeing reminded the Committee that at its last meeting on 22 June it had been agreed to defer the Willingham and Over Parish Boundary Review item until today’s meeting.
Members of the Committee made the following points:
· As the agenda was only published 5 working days before the meeting there was insufficient time to apply for dispensation 15 days before the meeting.
· As Councillor Burling had not been directly contacted by officers with regards to his potential conflict of interest and the dispensation process, the Committee should approve his dispensation request.
· It had been clear at June’s meeting that Councillor Burling had a conflict of interest and therefore the dispensation request should have been received within the 15 days.
· The value of Councillor Burling’s land would be unaffected by the decision regarding the parish boundary and so he did not have a pecuniary interest.
· It would be undemocratic to prevent Councillor Burling from representing his village and his community.
· Councillor Ray Manning, also a local member, had excluded himself from this meeting and so whilst Councillor Burling should be heard he should not be allowed to vote.
· To allow Councillor Burling to vote on this matter could leave the decision open to challenge.
Councillor Deborah Roberts proposed and Councillor Janet Lockwood seconded that Councillor Brian Burling be allowed to speak on the agenda item in question, but not vote. A vote was taken and with 8 votes in favour, none against and one abstention the Committee
AGREED that Councillor Brian Burling be allowed to speak in the debate on agenda item 4 “Willingham and Over Parish Boundary Review” but not be permitted to vote and must leave the room whilst the vote is taken.
There were no other declarations of interest.