Councillors seek to define what is a conflict of interest

Several members of Mayo County Council have raised complaints over the inclusion of an item entitled 'Conflict of Interest’ on the agenda for local authority meetings. 

The matter was raised at the council's recently monthly meeting with senior executive officer Martina Hughes responding in writing to the concerns raised by councillors. 

“The disclosure of conflicts of interest by elected members has always been a statutory requirement under the ethical framework governing local authorities," she said. "The provisions relating to ethics and declarations of interest are set out in the Local Government Act 2001 and reinforced through the Code of Conduct for Councillors.” 

Ms Hughes added that while the requirement to disclose interests is well established, “the inclusion of a specific standing agenda item at the beginning of meetings is intended to provide a consistent and transparent mechanism for members to make any necessary declarations".

A memo to councillors noted: “In conclusion, the effective management and disclosure of conflicts of interest is fundamental to maintaining public confidence in the council’s decision-making processes. The requirement to disclose relevant interests is not optional; it is a legal obligation. By including this item as a standing agenda item, Mayo County Council is confirming its commitment to compliance with the law, ethical conduct, openness and good governance. It demonstrates to all concerned that the council places the highest importance on ensuring that its decisions are made in an open and transparent manner.”

Councillors have opposed to the agenda item on the grounds that it may hinder them in lobbying for constituents, especially in relation to local causes such as sporting events or road upgrades where they might also be personally involved as members on boards or committees. 

Cllr Paul McNamara sought clarification on what exactly a conflict of interest actually is, noting that councillors use their General Municipal Allocation (GMA) for various projects.

Cllr Brendan Mulroy claimed that under the proposed arrangement every councillor in the chamber would have to dismiss themselves in regard to the allocation of GMA monies. 

“If you are nominating GMA money to your local GAA club, we don’t want to end up in trouble and in front of the [Standards in Public Office].” 

 “If I allocate €5,000 to Westport GAA, at what stage is it a conflict and when do I declare it?” 

Director of Services Siofra Kilcullen replied: “If you have personal or pecuniary interest in a decision, say in relation to a piece of land, that is where you declare and remove yourself. It does not arise regarding GMA money as that allocation process is very open. But if there is personal involvement or business engagement in relation to an agenda item, that is where you withdraw. You may not have a conflict of interest but there may be a perception that you do, and it is important for Mayo County Council to have full integrity.” 

Cllr Mulroy responded: “So you are saying this is nothing new then and we can move on. I can tell you, everybody in this room is already clear on this. I have a conflict of interest regarding my own job in Western Care and some planning permissions that come up and I remove myself when that occurs. We do not need to be reminded of our responsibility to the people. As to what you are saying about the GMA money, I can see there is a total conflict, but with ye it is all good.” 

It was revealed that the Conflict of Interest item must now be called out by the Cathaoirleach at the beginning of all meetings, giving members the chance to declare any interest in other agenda items up for discussion.

• Published as part of the Local Democracy Reporting Scheme.