Agenda item

To consider the Monitoring Officer’s Report No. LEG2103 (copy attached) which seeks dispensations from requirements relating to declarations of interest for those Members who have been appointed by the Council to be in a position of management or control of the Rushmoor Development Partnership and Rushmoor Homes Limited to enable those Members affected to take part in decision-making on any matter directly relating to those bodies or affecting the financial position of those bodies.

The Committee considered the Monitoring Officer’s Report No. LEG2103, which sought the granting of dispensations from the declaration of interests, as set out in the Code of Conduct for Members, in relation to those Members who had been appointed by the Council to be in a position of management or control of the Rushmoor Development Partnership (RDP) and Rushmoor Homes Ltd (RHL).  Such a dispensation would enable those Members affected to take part in decision-making on any matter relating to those bodies or affecting the financial position of those bodies.

The Report reminded Members that Section 29 of the Localism Act 2021 required the Monitoring Officer to establish and maintain a register of interests of Members of the authority.  The Council’s new Code of Conduct set out the requirement to declare both ‘Disclosable Pecuniary Interests, which were prescribed by Regulations and ‘Other Registrable Interests’.  Where a matter for decision directly related to the interest in any business of the Council where it related to or was likely to affect:

·                any body of which a Member was in general control or management and to which the Member was nominated or appointed by the Council;

·                any body exercising functions of a public nature; any body directed to charitable purpose or one of whose principal purposes included the influence of public opinion or policy (including any political party or trade union)

the Member concerned could not take part in the decision making unless they had been granted a dispensation by the Corporate Governance, Audit and Standards Committee.

The Council had established a wholly owned housing company (Rushmoor Homes Limited) to deliver good quality market rent housing within the Borough.  The Council was in partnership with Hill Investment Partnership Limited within the Rushmoor Development Partnership (RDP) to deliver major regeneration for the towns of Farnborough and Aldershot.  The Council had appointed members of the Council, including the Executive, to positions of management or control of these bodies.  As such, those Members would have a personal interest in any matters directly relating to these Council bodies and potentially an interest where the financial interests of those bodies were affected.

The Report stated that, for the proper conduct of Council business, it was not appropriate or proportionate for the Members appointed by the Council to the control and management of the RDP and RHL to be prevented from taking part in the decision making relating to those bodies.  This was on the basis that these bodies had been set up by the Council to deliver its objectives and deliver positive outcomes for residents of the Borough.  It was felt that the aims of the bodies aligned to the aims of the Council.  Furthermore, if the Members of the Executive had to be barred from taking part, the Executive would not be quorate. It was therefore recommended that the dispensations should be granted.  In an amendment to the Report, it was also recommended that the Dispensations should apply for a period of four years.

RESOLVED: That

(i)        the Committee grant the dispensations for those Members who had been appointed by the Council to be in a position of management or control of the RDP and RHL to enable those Members affected to take part in decision-making on any matters directly relating to those bodies; and

(ii)       the dispensations be in place or apply for a period of four years.