Venue: Multi-Location Meeting - Council Chamber, Port Talbot and Microsoft Teams
Contact: Charlotte Davies - 01639 763745
Chairperson welcomed everyone to the meeting.
Declarations of Interests
The Head of
Legal and Democratic Services provided the Committee with the following information
and advice in regards to interests and predetermination, which related in
particular to the School Strategic Improvement Plan report which was included
on the Cabinet agenda:
The proposal included in the circulated
report was a new and fresh decision that Members will need to make; the fact
that Members may have voted in a particular way at a previous meeting, will not
amount to pre-determination provided Members retain a genuinely open mind in
respect of this new meeting.
When arriving at decisions relating to any of
the Councils business, Members must do so with an open mind and consider all
the information before them objectively, having due regard to the advice of Officers.
During the decision-making process, Members must act fairly and in the public
interest. Members were required to make their decisions on the basis of the
facts in front of them, and not to have made their mind up in advance of the
If Members consider that they have come to a
settled view or decision in respect of this matter, and were unable or
unwilling to take into account any other representations or advice, or a member
of the public may feel that in taking into account all matters there was a
risk, Members would in all likelihood have predetermined the matter.
Accordingly if Members feel they have predetermined their position, they should
not be taking part in any vote. Pre-determination could not only invalidate the
decision, it could lead to proceedings being brought against the Council and it
may also amount to a breach of the Members Code of Conduct. This would be the
opportunity for Members to declare that
Members were entitled to hold a preliminary
view about a particular matter in advance of a meeting (otherwise known as pre-disposition)
as long as Members keep a genuinely open mind and were prepared to consider the
merits of all the arguments and points made about the matter under
consideration before reaching their decision.
It should be noted that the determination
here was one for Members to decide.
For the sake of clarity, manifesto
commitments and policy statements which were consistent with a preparedness to
consider and weigh relevant factors when reaching the final decision, were
examples of legitimate predisposition, not predetermination. In addition,
previously expressed views on matters which arise for decision in the ordinary
run of events were routine provided, Members were able to approach this
particular decision with an open mind.
Members made declarations of interest at the start of the