Guidelines on
‘Special Interest’
Version Control
2012
Version Document
number Description
1.0
Final guide signed off
by the Scrutiny and
Public Accounts
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Committees
These guidelines have been formulated to assist Members in dealing with special
interests, arising during Committee meetings. Although Members’ interests are
recorded in the Register of Member’s Interests in accordance with Rule 23 of the
Rules of Procedure of the States of Deliberation, this provides practical guidance
as to how such matters will be dealt with by the Committees.
1.
Rule 15 (1)
“ a Member of…Committee or Sub-Committee who (or whose spouse, or any of
whose infant children or any company in which he has a controlling interest on his
own or their behalf) has a direct or special interest in the business under consideration
by the…Committee or Sub Committee shall, as soon as practicable, declare his
interest and withdraw from the meeting during the consideration of and voting on the
matter concerned.”1
2. Interpretation
2.1 The Committee2 interprets a „special interest‟ as follows:

An interest noted on the Register of Members‟ Interests

Where the Member (either individually or through their family or business
connections as prescribed in Rule 15(1)) has an interest that is above an
ordinary or general interest in the subject matter.

There is proximity between the interest and the business under
consideration.
3. General Principles
3.1
The integrity and transparency of the scrutiny process is the paramount concern
of the Committee when considering issues of „special interest‟.
3.2
The Committee will err on the side of caution when assessing „special interest‟.
3.3
The Committee recognises the potential for overlap between „special interest‟
and actual bias and the appearance of bias.
3.4
The Committee will take into account perception of „special interest‟ as an
indicator that a „special interest‟ does exist.
3.5
In assessing „special interest‟ the Committee recognises the need for
pragmatism, given that Guernsey is a small community and the nature of
scrutiny will invariably encompass wide-ranging topics.
3.6
For practical reasons, to allow a free-flowing discussion, issues of special
interest are less of a concern during general discussion in regular Committee
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2
Rule 15(1) of rules on the Constitution and Operation of States Departments and Committees
When reference is made to the „Committee‟ in this document, it is referring to both the Scrutiny and
the Public Accounts Committee.
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meetings. However, if a special interest emerges during such discussion or the
discussion approaches a point where the Committee must reach a decision, the
Committee will seek to err on the side of caution.
3.7
The Committee will always have regard to its mandate and it will seek to
address any difficulty it encounters in fulfilling it because of a „special interest‟
consideration in a practical manner and if necessary by recourse to legal advice
under Paragraph 6 below.
3.8
The Committee will give particular consideration to „special interest‟ when
appointing a Panel for a Review, scoping a Review, considering submissions
received during the course of a Review and approving a Review Report and
recommendations.
3.9
Any „special interest‟ identified will be fully recorded and publicly disclosed in
relation to investigations carried out, in accordance with Paragraph 7 below.
3.10 Whilst it is every individual Member‟s responsibility to consider whether they
have a „special interest‟ in the subject matter under review, the whole
Committee has a duty to protect the integrity of the scrutiny process. The
Committee recognises that there is no provision for an arbiter in Rule 15 and
has formulated these guidelines particularly for dealing with situations in which
a „special interest‟ is not self-evident and is therefore open to interpretation.
3.11 „Special interest‟ will be applied on a case-by-case basis taking into account the
factors relevant to the particular situation that has arisen.
4. The Committee as Arbiter
4.1
The Committee, by majority decision, will be the final arbiter to determine
whether a Member has a „special interest‟ in circumstances where this is not
self-evident. For example:

If a Member is unsure if their connection to the subject constitutes a „special
interest‟ and seeks the Committee‟s advice; or

If there is a perception of „special interest‟ (raised by another Committee
Member, a member of the public or other States Department or Committee)
but the Member does not think it constitutes a „special interest‟; or

If a Member believes they might have a „special interest‟ but other
Committee Members believe otherwise and /or believe that it would be
impractical to err on the side of caution as it would have a detrimental effect
on the Committee‟s ability to conduct its affairs or discharge its mandate if
the Member withdrew.
5.
Procedures
5.1
Members must declare a „special interest‟ as soon as they are aware of it and
withdraw from the discussion.
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5.2
If Members are aware of the possibility that their connection to a subject-matter
might be perceived to be a „special interest‟, irrespective of whether they believe
it to actually be one or not, they should declare to the Committee the nature of
the interest, the connection between themselves and the subject-matter, the
factors they have taken into account and whether they believe, on balance, it to
be a „special interest‟.
5.3
A Member may be advised by the Committee, by majority decision, that the
Committee‟s view is that the Member has a „special interest‟ and in such
circumstances the Member will withdraw.
5.4
If there is a possibility that Rule 15 applies, or might be perceived to apply, then
the Member should err on the side of caution and treat the possible/perceived
„special interest‟ as if it were an actual „special interest‟.
5.5
Where a „special interest‟ is not self-evident and it is not practical to err on the
side of caution, then the Member, or the Committee when acting as arbiter, will
determine whether Rule 15 does apply by giving careful consideration to:

The degree to which the interest is above an ordinary interest;

The degree of proximity between the interest and the matter under
consideration; and

Whether there might be a public perception of „special interest‟ or bias.
5.6
If in doubt, individual Members or the Committee might wish to draw upon the
advice of the Committee‟s Officers or seek legal advice. The Committee might
also wish to seek and take into consideration the views of third parties such as
key contributors to the Review as to their perception of whether a „special
interest‟ exists.
6.
Legal Recourse
6.1
If the Committee is unable to reasonably carry out its mandate due to „special
interest‟ then it will seek legal advice on a possible solution. The Committee
has not experienced this level of difficulty and these guidelines are intended to
mitigate the circumstances in which an impasse might arise. It is recognised
however that such a situation could occur if the Committee identifies several
Members as having a definite „special interest‟ that precludes them from
consideration of the same subject matter and the Committee is therefore
inquorate to carry out or sign off a Review. Should this situation arise, or be
perceived to be likely to arise, then the Committee will at that time seek legal
recourse to find a solution to enable it to reasonably carry out its duties. It will
also refer to the States Assembly and Constitution Committee for advice.
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7.
Audit Record of ‘Special Interest’
7.1
Members‟ declarations and the Committee‟s consideration of „special interest‟
issues will be recorded in the minutes of the meetings.
7.3
A „special interest‟ log will be kept by the Committee‟s Officers, including a
record of all instances of declarations of „special interest‟ (example attached in
the Appendix ).
7.4
The consideration of Members‟ „special interest‟ and the nature of their
involvement and contribution to a scrutiny investigation will be publicly
disclosed along with the publication of the findings of the investigation.
8.
Consultation and Monitoring
8.1
Members will consult with the States Assembly and Constitution Committee
and Policy Council on the development of the Committee‟s processes and
procedures for dealing with „special interest‟ issues when it is appropriate to do
so.
8.2
The Committee has referred to the Law Officers‟ Chambers for advice on
drawing up these guidelines and will do so in future reviews of its processes and
procedures. The Committee will refer to the Law Officers‟ Chambers on issues
of „special interest‟ as they arise on a case-by-case basis if considered
appropriate to do so.
8.3
These guidelines and the Committee‟s procedures will be continually reviewed
and updated in the light of experience in conjunction with the Committee‟s
published Guide.
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APPENDIX 1
DECLARATIONS OF ‘SPECIAL INTEREST’
DATE OF
MEETING
TOPIC
MEMBER
SPECIAL
INTEREST
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