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Written question asked by Aidan Burley (Conservative) on Wednesday, 15 January 2014, in the House of Commons. It was due for an answer on Friday, 17 January 2014. It was answered by Brandon Lewis (Conservative) on Tuesday, 28 January 2014 on behalf of the Department for Communities and Local Government.


Councillors

Question

To ask the Secretary of State for Communities and Local Government what guidance has he issued to local councils on naming councillors who are barred from voting in council meetings due to failing to pay their council tax.

Answer

Section 106 of the Local Government Finance Act 1992 makes it an offence for a councillor in council tax arrears (with at least two months unpaid bills) to vote at a meeting of the council, a committee or of the council's executive where financial matters relating to council tax are being considered. It is also an offence if any such councillor present, who is aware of the arrears, fails to disclose that they are in arrears of council tax.

I am aware that, in response to Freedom of Information Act requests, it is common for local authorities to refuse to name individual councillors in council tax arrears, citing ‘data protection’. While noting that individual tax affairs are a personal matter, Ministers believe that there is a strong public interest in the names of councillors who are barred from voting being accessible to the wider public.

If an individual councillor is unable to represent their electorate and undertake their duties because of this statutory prohibition, then it is reasonable that this fact is open to legitimate public scrutiny, especially given the legal duty to declare it at a meeting at which they are present, and given this relates to their public life not their private life.


Secondary information

Type
Written question
Reference
183594; 574 c485W
Session
2013-14
Subjects
Councillors Council tax
Link
View this Written question on www.publications.parliament.uk