Edinburgh councillors censured: Does voting bar mean councillors cannot represent their own area?
Two Edinburgh councillors were censured last week for taking part in votes on the future of a controversial traffic scheme near where they lived.
A three-strong panel from the Standards Commission found that Neil Ross and Marie-Clair Munro had breached the councillors' code of conduct by failing to declare an interest and withdraw from the meetings which were looking at the road closures and other restrictions in Morningside’s Braid estate.
But the ruling has led some to question whether the code, or the way it is applied, now effectively prevents councillors who live in the ward they represent from doing their job.
The panel accepted that neither Cllr Ross, a Liberal Democrat, nor Cllr Munro, a Conservative, had concealed where they lived - indeed they both made "transparency statements" saying they lived in the area - and there was no evidence they had benefited financially.
But the test of whether they breached the code is whether "a member of the public, with knowledge of the relevant facts, would reasonably regard the connection to the particular matter as being so significant that it would be considered as being likely to influence their discussion or decision-making".
It is usually seen as a positive if an MP, MSP or councillor lives in the area they represent. Indeed, candidates seeking election to a local authority are required to live within its boundaries.
But the feeling among some councillors is that last week’s ruling means that in some instances councillors who live in their own ward cannot take part in a decision that affects the ward they represent.
One councillor - not a party colleague of either Cllr Ross or Cllr Munro - said: “I think it's perfectly reasonable to say 'I represent his ward, I live in this ward, I'm declaring a non-financial interest in this item, but I will be taking part in the debate and voting on it because I have been elected to represent the people of my ward, not my own opinion, and I will be voting on that basis.'
"Otherwise, you're kind of saying there's no point in being a local councillor."