Image: Screenshot from today’s News and Star
Once again Cllr David Moore’s remarks in the media indicate his heavy bias in favour of a GDF. as reported in the News and Star “Councillor David Moore (Gosforth, Conservative) was speaking during Cumberland Council’s nuclear issues board at Allerdale House in Workington on Monday (March 23) during the nuclear issues update.” We assume that as previously Cllr Moore did not declare any financial interests in nuclear before making his enthusiastic and undemocratic guff saying: “there still needs to be a decision over where the project went next which was the responsibility of the secretary of state and added: “The one thing we don’t want is the can kicking down the road.” Yes the decision is now the Secretary of State’s because Cllr David Moore and three other pro-nuke councillors took Cumbria once again into the nuclear dump frame with an abusive “partnership” with Nuclear Waste Services. “Kicking the can down the road” is laughable – the dump would be operational as a giant dangerous mine on the Lake District coast for 200 years. The sub-sea Nuclear Dump with mine groundworks, rock spoil, nuclear containers, bentonite slurry factory and other associated mine and nuclear sprawl on the Lake District coast would deny future generations the option to use any future technological advances in containing nuclear wastes genuinely. Instead Cllr David Moore is pushing enthusiastically and undemocratically for dumping hot nuclear wastes in a sub-sea hole and hoping they leak later rather than sooner.
Cllr Moore said that the council should be lobbying the Government for the nuclear dump to be in west Cumbria because residents in the Sellafield area were the most ‘pro-nuclear’ in the Cumberland Council area. Really?! Most folk who work at Sellafield do not live in the area, many not even in Cumbria.
A petition now standing at 3,501 signatures has already been presented to Cumberland Council to urge the full council to hold a full debate and full vote on the GDF plan. This was brushed aside.
We have just contacted the Council saying “We urge the full council once again, to hold a full debate and a full vote on Cumberland’s partnership with Nuclear Waste Services GDF agenda and would be grateful if this could be communicated to the full council”.
A full debate and full vote by all councillors would go someway to rectify the democratic deficit of Cumberland relying on the legacy agreement by Copeland Borough Council to go into the GDF partnership with Nuclear Waste Services. One of the four Copeland councillors who made that original agreement was Cllr David Moore.
Also sent to Cumberland Council was a letter a letter of complaint sent to Cumbria’s Chief Constable back in November 2022 (see below)
This was also brushed aside with an internal review asking “On behalf of over 30 people signing a letter of complaint against Cllr David Moore, I request sight of the “comprehensive review of the police investigation that was undertaken and the outcome that no further action is to be taken because there is no evidence of any criminality.”
In particular I request sight of justifications for overturning the Localism Act in the case of Cllr David Moore
http://publicsectorblog.practicallaw.com/first-conviction-of-a-councillor-under-the-
The reply from the Internal Review is that “there is no requirement to confirm or deny if the information you seek is held by Cumbria Constabulary.”
There is a real sense of a growing democratic deficit in respect of the GDF.
Letter Sent by email
To
Michelle Skeer QPM Chief Constable, Cumbria Constabulary 30th November 2022
michelle.skeer@cumbria.pnn.police.uk
Dear Chief Constable,
As law-abiding Cumbrians and conscientious local electors, we wish to make a complaint about the conduct of a senior elected member of Copeland Council; conduct which we believe constitutes criminal activity.
Our complaint relates to the continual non-disclosure of pecuniary interests by Councillor David Moore, Deputy-Mayor of Copeland and Portfolio Holder for Nuclear and Corporate Services, and his ‘acting alone’ or otherwise participating in the business of Copeland Council where has a conflict of interest because of those pecuniary interests.
We have brought our complaint before the Standards Board of Copeland Council, but the Councillors there chose to take no action. We are therefore
bringing our complaint to you as the senior police officer with responsibility for enforcing the law in our county.
The law and Councillors’ obligations to disclose pecuniary interests
Under the Localism Act of 2011, it is a criminal offence if, without a reasonable excuse, an elected member (Councillor) fails to tell their Council’s monitoring officer about their disclosable pecuniary interests, either for inclusion in the register held by that officer or at any meeting where a matter relating to those interests will be discussed or on any matter related to those interests where that elected member is acting alone (for example, where that elected member is also a portfolio holder with devolved responsibilities).
The elected member is under legal obligation to make these disclosures within 28 days of first being elected or co-opted to their authority, or similarly within that timeframe if re-elected or co-opted, but also at any point during their term of office when the elected member has acquired a new disclosable pecuniary interest.
It is also a criminal offence for an elected member to knowingly, or recklessly, provide false or misleading information, or to participate in the business of the authority where that business involves a disclosable pecuniary interest.
It is also a criminal offence to continue working on a matter which can be discharged by a single member (i.e. a portfolio holder) where that member has a disclosable pecuniary interest.
Under the legislation, the member if found guilty of such a criminal offence can be fined up to £5,000 and disqualified from holding office as a councillor for up to five years.
Secondary legislation made under the Act, particularly in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (S.I. 2012/1464), defines what is meant by a disclosable pecuniary interest: these include
Any employment, office, trade, profession or vocation carried on for profit or gain.
Referencing the Oxford Languages Online Dictionary, definitions of office include the following:
‘A position of authority or service, typically one of a public nature.’
And of gain:
‘An increase in wealth or resources.’
It is our contention that anyone elected to the position of Chair of an outside body or appointed as a Portfolio Holder with devolved responsibilities can be said to be in ‘a position of authority’ and that any such office holder in receipt of any allowance will enjoy ‘an increase in wealth’.
The national rules about pecuniary interests are set out in Chapter 7 of the Localism Act 2011, which is available on the internet here: http:// http://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/7/enacted
And also in the secondary legislation made under the Act, in particular The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 which can be found here: http://www.legislation.gov.uk/uksi/2012/1464/ contents/made
Furthermore, given the need to ensure that the conduct of Councillors is held, and is seen to be held, to the highest standard, Councillors are expected to adhere to the seven Nolan Principles, of which one is Integrity. The duty of a Councillor in adhering to this principle is described thus:
‘Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.’
The seven Nolan Principles of Public Life can be found at https:// http://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7- principles-of-public-life–2
Councillor David Moore’s pecuniary interests
Councillor David Moore holds two external offices from which
he gains £11,300 per annum, namely:
As Chair of Nuleaf (the Nuclear Legacy Advisory Forum), an office for which he gains £5,000 per annum.
As Chair of the West Cumbria Site Stakeholder Group (WCSSG), an office for which he gains £6,300 per annum.
These sums are both remitted by the Nuclear Decommissioning Authority, a public funded agency responsible for the decommissioning of former nuclear power sites and for the management, transport and disposal of radioactive waste arising from the operation of civil nuclear reactors and from military nuclear operations.
The allowance paid to the Chair of the WCSSG can be found here:
In Cumbria, the Nuclear Decommissioning Authority operates two such sites as Sellafield and Drigg. Councillor Moore as Chair of the West Cumbria Site Stakeholder Group has ultimate oversight over these operations.
Councillor David Moore is also the Portfolio Holder for Nuclear and Corporate Services. For this he receives an allowance from Copeland Council.
Failure to declare pecuniary interests to Copeland Council
The opening page of the Declaration of Interests form used by Copeland Council includes the following statement:
• •
‘Localism Act 2011, Sections 28 & 29
The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 I
In order to comply with the Copeland Borough Council’s Code of Conduct, a Member or Co-opted Member must register their pecuniary and interests other than pecuniary interests with the Council’s Monitoring Officer within 28 days of the date of their election or co-option (failure to declare a disclosable pecuniary interest is a criminal offence). Note – A Member must, within 28 days of becoming aware of any new non-pecuniary interest or change to any pecuniary interest specified above, register details of that new pecuniary interest or change by completing a new Register of Interest Form and submitting it to the Council’s Monitoring Officer.’
On page 2 in section 1, it makes clear that Councillors are required to declare ‘Details of any employment, office, trade, profession or vocation carried out for profit or gain’.
Looking at Councillor Moore’s Declaration of Interests:
In Section 1, Councillor Moore declares he is a Landlord.
There is no mention that Councillor Moore has been the Chair of West Cumbria Site Stakeholder Group (WCSSG) since 2005 for which he is renumerated £6,300 per annum – clearly an office held for gain that should be disclosed in Section 1.
There is no mention that Councillor Moore was also elected Chair of Nuleaf, the Nuclear Legacy Advisory Forum, at its last Annual General Meeting on 9 March 2022. Nuleaf is a special interest group of the Local Government Association of England and Wales and members comprise local authorities in England and Wales concerned about decommissioning issues in the nuclear industry.
The Chair of Nuleaf receives renumeration for holding office, as we understand it, to the sum of £5,000 per annum – clearly then a second office held for gain that should be disclosed in section 1.
Yet Councillor Moore does makes plain that he has been the Chair of the WCSSG since 2005, and that he is also now the Chair of Nuleaf, in his biography listed on the Nuleaf website:
A vague reference to Councillor Moore’s involvement in the WCSSG is made in Section 9 of the Declaration of Interests he submitted to Copeland, but this makes no mention of his being the Chair or the renumeration so is both ‘misleading’ and incomplete. Councillor Moore also makes a vague reference to his involvement with NuLeaf, but there has been no update to reflect his elevation to the paid office of Chair in March so this is also ‘misleading’ and incomplete.
In summary then Cllr Moore holds two paid external offices, yet he has never disclosed either of these at any point in Section 1 of the declaration of interests and they are therefore not included as pecuniary interests in the register held by the monitoring officer.
It is our contention that the failure to disclose these pecuniary interests constitutes a criminal offence under the 2011 Localism Act.
‘Acting Alone’ on Council business where there is a disclosable pecuniary interest
Furthermore, the law makes plain that it is an offence for an elected member to ‘act alone’ on business where that member has a disclosable pecuniary interest.
Councillor Moore’s pecuniary interest with the nuclear industry appears to be a complete conflict of interest with his office as the Council’s Portfolio Holder for Nuclear and Corporate Services with responsibilities for:
‘Human Resources
Nuclear Policy
Legal
Land / Property / Accommodation Health and Safety
Democratic Services IT’
The West Cumbria Site Stakeholder Group is funded by the Nuclear Decommissioning Authority. As part of that funding, the Chair and Vice-Chair are renumerated by the NDA.
The allowance paid to the Chair of the WCSSG can be found here: https://wcssg.co.uk/working-group/west-cumbria-sites-stakeholder-group/
Nuleaf receives a small part of its income from membership subscriptions, but most of its Radioactive Waste Management, now Nuclear Waste Services. RWM, now NWS, is ‘part of the NDA (Nuclear Decommissioning Authority) group’
In the papers supplied to the Nuleaf AGM, ‘Item 4 – Finance and Funding Report’ makes plain the extent of financial support received from the NDA and RWM (now NWS):
The estimated income (of NuLeaf in 2021-22) is £158,362 compris(ing):
• A contribution of £60,000 from the NDA
• A contribution of £79,000 from RWM
• An income of £18,695 from member authorities
Part of this income is used to renumerate Councillor Moore in his role as Chair.
Councillor Moore is being asked as Portfolio Holder for Nuclear and Corporate Services to be the principal decision maker on matters relating to the continuance or advancement of the nuclear industry in Copeland, an industry synonymous with the Nuclear Decommissioning Authority and Radioactive Waste Management, now Nuclear Waste Services, and also to act as lead member of the Council’s Nuclear and Energy Strategy Board advising other elected members on such matters.
Councillor Moore must always have a conflict of interest in any situation when he ‘acts alone’ as Portfolio Holder for Nuclear and Corporate Services on business concerning the operations of the Nuclear Decommissioning Authority and Nuclear Waste Services. It is as plain as a pikestaff that you cannot receive an allowance from your local authority to act as lead member
in the Council’s interests on matters concerning the civil nuclear industry when you are also in the pay of that same civil nuclear industry.
It is our contention that Councillor Moore ‘acting alone’ on matters concerning the civil nuclear industry whilst being paid by the nuclear industry constitutes a criminal offence under the 2011 Localism Act.
Participating in the business of the authority where that business involves a disclosable pecuniary interest
According to the Declarations of Interest tab on Copeland Council’s website, Councillor Moore appears to have not made any declarations at any meeting of the Council throughout his entire term of office (since 2003).
Councillor Moore is the Portfolio Holder for Nuclear and Corporate Services and attends the Strategic Nuclear and Energy Board which is primarily concerned with nuclear matters that almost all appertain to the business of the Nuclear Decommissioning Authority, or its arm Nuclear Waste Services, from which he receives payment.
It is totally incredible to believe that there have not been many occasions over previous years when Cllr Moore, being in receipt of renumeration from
the nuclear industry, should have declared that interest on any matter concerning the nuclear industry that was before the board, and recused himself from speaking or voting on that item, or indeed even removed himself physically from that part of the meeting.
Full Council meetings must in turn also frequently deal with nuclear items relating to the business of the NDA and NWS on which votes are taken. Councillor Moore should have also made declarations at that point and taken no part in the business.
One such occasion in recent weeks would have been when a petition from over 50,000 members of the public condemning the conduct of seismic testing off the Copeland coast, in furtherance of a plan by Nuclear Waste Services to deposit the UK’s legacy high-level waste in an engineered repository under the seabed, was presented to the Executive of Copeland Borough Council. Councillor Moore is a member of that Executive.
matter-has-now-been-dealt-with-by-a-handful-of-people-on-copeland- executive/
It would be completely in the interests of the civil nuclear industry to disparage opponents of the project and Councillor Moore was quick to dismiss the petitioners as out-of-borough (all the people delivering the petition were from Copeland) and ‘odd people’ but completely failed to
declare that he receives payment from that same Nuclear Waste Services for his services. https://www.bbc.co.uk/news/uk-england-cumbria-62397013
It is our contention that Councillor Moore in failing to declare his interests at relevant meetings and in continuing to participate in the business of that meeting has committed numerous offences under the Localism Act of 2011.
Summary
In our view, Councillor David Moore has committed numerous offences under the Localism Act of 2011 in:
Failing to declare disclosable pecuniary interests
Acting alone on Council business where he has disclosable pecuniary interests
Participating in Council business where he has disclosable pecuniary interests
And he also acted in complete contravention to his oath of office to always conduct himself in accordance with the Seven Nolan Principles of Public Office.
We call upon you as our Chief Constable to take prompt and effective action on the contents of this letter
Lakes Against Nuclear Dump 
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