Sefton’s main opposition party has called on the council’s deputy leader to make a statement following revelations he had failed to declare properties owned by a company he runs with his son.
Deputy Lib Dem leader Cllr Gareth Llloyd-Johnson said it was “important for the good reputation of the council that the air is cleared” ahead of the council’s annual general meeting on Thursday, where Cllr John Fairclough is expected to be reappointed as the deputy leader.
The ECHO reported last week that Cllr Fairclough had been investigated by Sefton Council for failing to declare the properties owned by Fairclough Properties Ltd, of which he is sole shareholder. The investigation resulted in no further action being taken after the register was updated.
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Cllr John Fairclough, who represents Linacre ward for the Labour party and is deputy leader of the Labour group was investigated by Sefton Council after a complaint was made by campaigner John Rice.
Mr Rice, who recently stood against Cllr Fairclough as an independent candidate in local elections, had complained to the council’s monitoring officer, chief legal and democratic officer David McCullough that the deputy leader had failed to declare a number of properties he owned through the company.
Mr Rice claimed that in doing so, Cllr Fairclough was in breach of the member’s code of conduct, which requires councillors to disclose “any beneficial interest in land which is within the area of the council.” However Mr McCullough found this not to be the case.
Following the investigation, Mr McCullough decided that no further action would be taken against the deputy council leader, who made assurances that he did not benefit financially from his role with the company. He said the council’s register has now been updated.
According to Companies House records, Cllr Fairclough has been registered as the person of significant control of the company, Fairclough Properties Ltd since 2018 and designated as the sole shareholder, holding 75% or over of the company’s shares.
The company was formed in 2017 with Cllr Fairclough and Anthony Fairclough both listed as directors. That has remained the case apart from a period between November 2018 and 2019 when Cllr Fairclough was the sole director of the company.
According to Land Registry data, Fairclough Properties Ltd owns three properties in Bootle and Seaforth – 12 and 14 Rawson Road and 63 Seaforth Road, which is split into three units.
All of the properties were acquired in 2018 or 2019 by the company for a combined price of just over £200k according to Land Registry data.
In emails shared with the ECHO, Sefton Council’s monitoring officer Mr McCullough, whose role involves dealing with complaints about councillors in relation to the code of conduct, said he had been advised by Cllr Fairclough that he did not receive any financial gain from Fairclough Properties Ltd.
The email stated: “I have made preliminary enquiries with Cllr. Fairclough and he has confirmed that he does not and has never, received any remuneration from Fairclough Properties Limited and this is why he has not mentioned the directorship in his Register of Interests under the requirement set out in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 to declare “Any employment, office, trade, profession or vocation carried on for profit or gain”.
One aspect of Mr Rice’s complaint, that Cllr Fairclough had failed to declare his interest relating to a planning application for one of the properties, 63 Seaforth Road, was dismissed by Mr McCullough.
However, he added that following enquiries, the deputy leader “acknowledges that he should have declared his interest”.
Mr McCullough said that Cllr Fairclough has now updated the register to include the properties, adding that while the failure to disclose “could be considered to be a breach of the Members Code of Conduct” the fact that this had now been remedied meant “no further action will be taken.”
Deputy Lib Dem leader on Sefton, Cllr Gareth Lloyd-Johnson, said, “It is important for the good reputation of the council that the air is cleared and Cllr. Fairclough making a formal statement and explanation will help.
“It is important that senior councillors making critical decisions set an example, and if necessary, apologise for any oversight or errors.”
The leader of Sefton Conservatives also said he was “concerned” at the revelations and called on the deputy leader to apologise for failing to declare his property interests.
Sefton Council and Cllr Fairclough were both approach for comment and declined to give a response.
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