A DUP councillor has raised transparency concerns over council officers’ conflict of interests in decision making.
Newry, Mourne and Down District Council’s recent audit committee was told that the local authority would not publish management staff’s details on its website.
In a report to the chamber, the Information Commissioner’s Office is said to advise that senior officers’ disclosure was a matter for consideration on the UK’s GDPR.
Rowallane DUP councillor Callum Bowsie said: “In relation to senior officers’ register of interests, I think the council is making this more difficult than it needs to be.
“The issue with the report is that it is stated that senior officers’ register of interests is not put on the council website based on ICO guidance. Having asked for sight of that guidance we now know that the guidance didn’t exist as I suspected.
“The advice now states that senior officers’ interest should be published in line with data protection. But, senior management is saying that the entirety of that register cannot be published because of data protection.
“Once again that is not what is in the guidance.”
During council committees senior management provide reports to the councillors in order to make decisions including on policy and funding.
However, at times senior officers are given ‘delegated authority’, which means they have the power to make decisions without the need for elected members.
Councillor Bowsie added: “I have been in touch with the ICO office and they have confirmed to me that they expect information in relation to senior officers’ declaration of interests to be published.
“It also states you should publicise which public registers you hold and how the information in them is made known to the public.
“I have requested sight of the register for senior officers and to date my right to view that has even under a freedom of information request, been rejected, because the register is ‘commercially sensitive’.
“The public is entitled to know at the very least if the commercial interests of those within our council who have delegated authority to make decisions without council approval. It is the antithesis of transparency that senior officers’ declaration of interest cannot be published.
“The fact they are not is concealment of interests. What use is a register of interest if nobody can check it for any potential conflict of interest.
“Surely deciding not to share interests is a conflict of interest in itself.”
Currently all councillors in Northern Ireland must declare their interests on a register including employment and membership of any organisations, which is then published on local authority websites.
Senior management made up of the CEO and four directors do not have their interest published.
A council legal adviser responded: “The clarification you sought related to declaration of interests for senior officers.
“It is important to remember they are not elected members and the requirement for elected members is different to employees who have protection of GDPR.
“Officers make declarations of interest and are properly recorded, but there is no lawful requirement to say they must be published on a website
“If we are aware of any disclosure that has not been made it should be properly investigated.”
Councillor Bowsie said: “GDPR means you remove things like personal addresses, trade unions and health status; it doesn’t mean you block an entire register.
“The council’s own policy we agreed at the last audit committee states, the council publishes declarations of interest from councillors and senior officers, but not for remaining staff.
“This is in compliance to ICO guidance. So, you do or you don’t publish declaration of interests for senior officers on the website.
“The policy says you do, but I’m now being told you don’t. What is being said is completely inconsistent.
“I wonder do any of the other parties have concerns about declarations of interest being made public?”
No other members of the committee raised any concerns.
Independent chair Brona Slevin advised Councillor Bowsie to take the matter up with senior management outside of the audit chamber.
