Written question asked by Harry Cohen (Labour) on Thursday, 22 March 2007, in the House of Commons. It was due for an answer on Monday, 26 March 2007. It was answered by Phil Woolas (Labour) on Thursday, 19 April 2007 on behalf of the Department for Communities and Local Government.

Councillors: Conflict of Interests

Question: To ask the Secretary of State for Communities and Local Government whether restrictions may be imposed upon local councillors to prevent them taking part in public debate on land sale decisions by local authorities.

Answer: There is no legislation preventing local councillors from discussing issues of concern with their constituents or other members of the public. However, in any such discussion about matters such as a land sale, councillors, if they are to be involved in the final decision, must avoid giving the impression of having a predetermined view, or otherwise risk that decision being challenged in the courts. It is a matter for each member to ensure that, in the circumstances of particular cases, such an impression is not given. Members may wish to seek advice on their position from their authority’s monitoring officer. The Local Government Association has published guidance on avoiding predetermination in ““Probity in Planning: The role of councillors and Officers?.

Secondary information