Councillor resigns over 'Big Brother' interests row
COUNCILLORS who refuse to publish their partner's financial interests as part of a government drive for more transparency could face criminal charges, it has been revealed.
One councillor yesterday resigned over the ruling which required registering 'disclosable pecuniary interests'.
The Localism Act 2011 means councillors have to register their interests, plus those of their spouses, civil partners or "any person living with the member as if they were a spouse or civil partner" – where those interests are known to them.
All of these details would then be published online.
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But the requirements have drawn the ire of many councillors, who consider the levels of disclosure to be 'grossly intrusive'.
Asked what a councillor who refuses to disclose could expect to happen to them, Cheltenham Borough Council's legal team said in 'certain specified circumstances' failure to comply 'may result in criminal proceedings'.
Councillor Paul Ryder, the chairman of Leckhampton and Warden Hill Parish Council, yesterday resigned over the declaration of interest issue.
He believes that no councillor should feel as if "big brother is looking over their shoulder".
He added: "I resigned as a councillor and as the chairman and 75 per cent of the decision was about the declaration of interest issue.
"I don't get paid to do this, I do it on a volunteer basis.
"My family's business is my family's business and I am not going to bow down to anybody on that.
"I didn't get into this to tell the world what I do and put it on the internet. I feel that strongly about it."
There is currently no deadline for councillors to declare everything, but government guidance in August encouraged members to register their interests "as soon as possible".
Any councillor elected or co-opted after July 1 this year, however, is supposed to register everything within 28 days.
Councillor Andrew Chard (Leckhampton, C) is vehemently against the added requirements.
He said: "An awful lot of us feel that while we have to declare our own interests, declaring an interest of a spouse or a partner is grossly intrusive and sometimes even husbands and wives don't know what the other has in assets and things.
"To assume we are all liars is what really gets to me in this further extension of the nanny state.
"I don't know why Joe Public should know what a third party does all day, someone who has never stood for public office. I just find it very offensive. I think it is taking a sledge hammer to crack a very small peanut."
Comments
by TimMessanger
Saturday, September 15 2012, 12:19PM
“Surly this would be a breach of their human rights and as such the legislation is unenforceable
Article 8: Right to Respect for Private and Family Life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 8 protects your rights in four areas: your private life, your family life, your home and correspondence. It is a qualified right, which means that your right to respect in these areas can be infringed in certain circumstances (see paragraph headed 'A qualified right' below).
Article 8 refers to the right to respect and so in addition to protecting your rights from interference by a public authority, it imposes a positive obligation on public authorities to actively protect your rights in certain circumstances. This can include taking action to secure respect for your rights even where the interference is being caused by a private individual (see paragraph headed 'Positive obligations' below)
Private life
Many issues have been held to fall within the meaning of 'private life' and the ECHR has stressed that it is not possible to limit or define what will fall within its scope,. Things which clearly do form part of your private life are:
Bodily integrity – Article 8 will come into play if someone is forced to have medical treatment or if he or she is forcibly restrained.
Personal autonomy – this means the right to make decisions about how you lead your life. People have tried to argue that the right to smoke cannabis is an issue of personal autonomy and should therefore be protected by Article 8 but the courts have not been prepared to accept this.
Sexuality – there have been a number of cases in which the ECHR has made it clear that laws which prohibit gay men having sex breach Article 8.
Personal identity – the ECHR decided in 2002 that British law's failure to fully recognise the new gender of transgendered people breached Article 8.
Personal information – the holding, use or disclosure of personal information about someone is covered by Article 8. The article may also give someone the right to access personal information held about them
There is a clear breach as if in the case of a "gay" councillor they will have to disclose their "partner's" interests and so by doing so disclose their sexuality?”