Council election procedures 2006
The Society's Council has decided that its policy in relation to Council elections should be published each year to enable the membership, in particular candidates in the election, to be fully aware of the Council's current views on the matter.
1. Canvassing The Council’s previous restrictions on canvassing
were designed to give candidates an equal opportunity of presenting their
views to the membership. However, some felt that the restrictions gave
an unfair advantage to existing members of Council and other well-known
candidates. Other bodies do not commonly apply canvassing restrictions
to their elections. Furthermore, with the growth of internet use, restrictions
on canvassing have become increasingly hard to enforce. The Council feels
that the electorate is capable of assessing the merits of candidates
and that excessive or negative campaigning is unlikely to advance the
cause of those who indulge in it. As a result, the Council has decided
that the former restrictions on canvassing should not apply to candidates
for election to the Council. Further guidance on publicity is given at
Item 8 below.
2. Nominations Nominators should be persons eligible to vote for the candidate
they are nominating. However, nominators are no longer required to be from
the same branch as the candidate. In other words, a candidate for one of the
pharmacist places not reserved to a national constituency must be nominated
by 10 pharmacists from any branch.
A prospective candidate may not be one of the nominators for his or her own
candidature.
Nominators are expected to have some personal knowledge of the prospective
nominee and to be reasonably satisfied that he or she is suitable to serve
as a member of the Council. A nominator may not withdraw his nomination of
a prospective candidate once made.
3. Declaration of relevant interests and biographical details Candidates
are required to declare any relevant interests not given in the biographical
details below, under the following headings (all items are obligatory):
(a)
employment — full- and part-time employment, giving details
of employer and nature of duties, including paid directorships of companies
(public or private), full-time paid employment and part-time paid employment
(b)
offices held — offices for which you are paid (where this includes
membership of any other health care organisation please indicate the
nature of such membership and any office held)
(c) other paid activity — consultancies,
self-employed work (contract work) and contributions to professional
and scientific publications for which you are paid
(d) sponsorship — any
awards, sponsorship, bursaries, grants for research, etc
(e) unpaid
activity — membership of organisations, committees, etc, not listed
above
(f) family interests — any financial interests of yourself
or close family members that might be considered relevant to your position
as a member of Council
(g) beneficial interests in shareholdings — the
names of companies or other bodies in which you have, either on your
own behalf or on behalf of a spouse or infant children, a beneficial
interest in shareholding of a nominal value greater than one-hundredth
of the issued share capital
Candidates may also provide information to the electorate on the extent
and type of work undertaken by them. Biographical details, which are
published
in The Pharmaceutical Journal, will be standardised under the following headings:
- (a) name and town
- (b) age
- (c) year of registration
- (d) academic qualifications
- (e) civil honours
- (f) professional awards
- (g) current positions held
- (h) previous positions
held (with dates).
Both (g) and (h) are subdivided
as
follows:
(i) occupation — branch of pharmacy and position held
(ii) public
service positions
(iii) positions held as an officer or member of
the governing body
or committee of a pharmaceutical organisation, including a branch
or region of the Society
(iv) positions held as an officer or member
of the governing
body or committee of any organisation associated with health or
health care, science or pharmaceutical education.
Candidates, if they wish, may make further reference to their
history or experience in their election statements.
The biographical details and declaration of interests and election
statement (see item 5 below), when put together should not
exceed 630 words in
total.
4. Eligibility criteria Candidates for election to
the Council must be:
(i) members of the Society or registered technicians,
if applicable,
on the practising part (Part 1) of the relevant register, who are normally
resident in Great Britain, the Isle of Man or the Channel Islands
(ii)
eligible to serve as a charity trustee. Those specified by the Charities
Act 1993 as being ineligible to act as trustees include:
- anyone who has
been convicted of an offence involving dishonesty or deception (excluding
a conviction which is spent for the purposes of the Rehabilitation of
Offenders Act 1974)
- anyone who has been adjudged bankrupt or where sequestration
of his estate has been awarded and (in either case) he has not been
discharged (except where leave to act as the director of the charity
has been granted
under Section 11 of the Company Directors’ Disqualification
Act 1986)
- anyone who has made a composition or arrangement with, or granted
a trust deed for, his creditors and has not been discharged in respect
of it
- anyone who has been removed from office as a trustee by order
of the commissioners or the High Court
- anyone who has been removed by
the Court of Session in Scotland from being concerned in the management
or control of any body
- anyone subject to a disqualification order or
undertaking under the Company Directors’ Disqualification Act
1986, or a disqualification order under equivalent Northern Ireland
legislation,
or an order under the Insolvency Act 1986 for failure to pay a county
court administration order (except where leave has been granted under
section 11 of the CDDA 1986, or the equivalent provision in NI, or
section 429 of the Insolvency Act 1986 as appropriate).
A person who is disqualified from being a charity trustee is ineligible
because members of Council are trustees of the Society’s charitable funds (and
the purported appointment of such a person would actually be void). It is a
criminal offence to serve as a trustee when disqualified from doing so.
No person shall be eligible for election to the Council if he or she has failed
to pay by the date and time fixed for the return of nomination forms any retention
fee or penalty then due and payable by him or her to the Society.
No person may be elected as a member of Council for more than three consecutive
terms of office, each of up to three years.
No person who has served as a member of the Council for three consecutive terms
of office shall be eligible for re-election until a period of three years after
leaving office has expired.
Any member of the Council elected in the first election to the reformed Council
(2005) who had served six or more consecutive years on the Council immediately
prior to that election is eligible to serve only one consecutive term from
the date when the reformed Council took office.
Any member of the Council elected in the 2005 election who had served less
than six consecutive years on the Council immediately prior to that date is
eligible to serve three consecutive terms from the date when the reformed Council
took office.
Three places on Council are reserved for pharmacists who are normally resident
in each of three national constituencies: England, the Isle of Man and the
Channel Islands; Scotland; and Wales. Pharmacists filling these reserved places
shall be elected by ballot of pharmacists whose addresses in the Register are
in the relevant national constituency. A pharmacist shall only be eligible
for election in a national constituency if he/she is normally resident in that
constituency.
A pharmacist may be nominated as a candidate in a national constituency and
as a candidate for election to any place on the Council not reserved to a national
constituency in the same election. In such a case, the candidate receiving
the highest number of votes in a national constituency shall be deemed to have
been elected in that constituency and any votes he/she has received in respect
of a place on the Council not reserved to a national constituency in the same
election shall be void.
In the 2005 election, the three pharmacists elected in national constituencies
and the three pharmacists elected with the highest numbers of votes to places
on the Council not reserved to a national constituency were elected for a period
of three years. The six pharmacists elected with the next highest numbers of
votes to unreserved places on the Council were elected for a period of two
years. The remaining five elected pharmacists were elected for a period of
one year. Of the first pharmacy technician members, the one elected with the
highest numbers of votes was elected for a period of three years and the other
for a period of two years.
5. Election statements Candidates’ election statements are sent
direct to each voter with the voting papers, thereby allowing candidates
the maximum freedom of expression. The Council considers that this is
the most practical method of presenting to the electorate the views of
each candidate.
The election statement, biographical details and declaration of relevant interests
(see item 3 above) when put together should not exceed 630 words in total.
The Returning Officer shall not be required to publish an election statement
of a length greater than that specified or to publish anything that in the
Returning Officer’s opinion may be libellous or untrue in matters of
fact. The Returning Officer may in consultation with the candidate issue a
statement of clarification if in his/her opinion any part of an election statement
refers to matters outside the current functions, powers and duties of the Society.
Provision 11 of the Council Code of Conduct states that “Members of Council
should support in public the policies of the Council. Where a member of Council
feels compelled publicly to oppose a Council policy, the Council should be
informed in advance. The member of Council may then express his or her personal
views on the matter but, in so doing, must first explain the Council policy
and the reasons for the Council’s decision. Members must in any case
avoid any action that would undermine confidence in the competence of the Council
and its members or in the Council’s decision-making process.”
An exception to this provision is made solely in the case of the election statement
of a Council member who is standing for re-election to the Council. The Council
has decided that a Council member should be able to express his or her personal
views in the election statement without first having to explain the Council’s
policy and the reasons for the Council’s decision. A Council member would
still be bound by the requirement to avoid any action that would undermine
confidence in the competence of the Council and its members or in the Council’s
decision-making process.
6. Adverse decisions The Council’s view is that declaration of
adverse decisions is in keeping with principles of transparency and probity
but that declaration of allegations or pending investigations should
not be required.
Candidates for election to the Council are therefore required to sign a declaration
(included in the papers provided to candidates) stating either that they have
not been the subject of any adverse decisions that might be relevant to membership
of the Council, or, if appropriate, stating that they have been the subject
of such a decision/decisions and that they are providing details of these with
the declaration, under the following headings: (a) whether or not they have
ever been the subject of an adverse finding by any final determining fitness
to practise committee (including health) of any regulatory body in the UK or
overseas and, if so, the terms of the finding or voluntary restriction, the
committee’s direction, and the date of the finding or period to which
the restriction applied; (b) whether or not they have ever been convicted of
a criminal offence excluding convictions spent for the purpose of the Rehabilitation
of Offenders Act 1974 (the term “criminal convictions” does not
include offences that have incurred cautions, fixed penalties such as speeding
or parking fines, or absolute discharges); (c) any other adverse decisions
that might be relevant to membership of the Council. No list of relevant adverse
decisions could be considered comprehensive and the onus is on the candidate
to exercise judgement. The candidate will bear any consequence of being found
not to have declared a relevant adverse decision. Candidates who are unsure
whether an adverse decision might or might not be relevant should ask the Registrar.
This information will be published with the voting papers. Information given
under heading (c) above will be published at the Registrar’s discretion.
If any member of Council is the subject of any investigations or proceedings
against him or her by any UK or overseas regulatory authority or public body,
or is charged with a criminal offence, he or she must inform the President
promptly and in writing. It is intended that the Council shall be empowered
to decide whether the member of Council should be suspended from any Council
office, including Council membership, and that it may also do so as a neutral
interim action while the investigation or proceedings are under way.
7. Information and assistance The Society does not seek to influence
the election of Council members. Beyond the dissemination of the biographical
details and declaration of relevant interests, election statement and
declaration of adverse decisions with the voting papers, and provision
of a page on the Society’s website to facilitate any necessary
contact with candidates, the Society will provide no information or assistance
to election candidates over and above what it would normally provide
to any member in fulfilment of its statutory and chartered duties.
8(a) Publicity Contributions to The Pharmaceutical
Journal
The following reflects the principle of equal coverage being
made available to all
candidates, should they wish to avail themselves of it:
(i) candidates
are expected to send no more than two letters, of which each must be
on a different topic, for inclusion in The Journal, from the
date that nominations are closed to the final date for the return of
voting papers
to Electoral Reform Services
(ii) The Journal will consider a maximum
of two letters from each candidate for inclusion in issues dating from
the publication of the nominations to the final date for the return of
voting papers to Electoral Reform Services
(iii) each letter must be
no longer than 400 words
(iv) letters must be about issues, not personalities
and should not criticise other candidates negatively — material
that contravenes the above will be amended or removed
(v) the editor
reserves the right to remove or amend material, or refuse publication
outright, at his/her discretion
(vi) The Journal will not publish articles
of any sort from candidates during the election period, unless they are
part of a commissioned series or planned some time in advance or otherwise
commissioned at the editor’s discretion
(vii) candidates are expected
not to submit paid advertisements relating to their candidacy for inclusion
in The Journal from the date that nominations are closed to
the final date for return of voting papers to Electoral Reform Services,
and
any such advertisements received from known candidates will not be published
during this period
(viii) contributions to The Pharmaceutical Journal on behalf of candidates will be treated in the same manner as contributions
from candidates themselves.
8 (b) Publicity Contributions to other publications or forums,
including internet sites or discussion groups, branch or regional newsletters,
house or member organisation magazines The previous restrictions no longer
apply. It is expected that anything written by, on behalf of or about
candidates should not be libellous or untrue in matters of fact. Candidates
are asked to refrain from negative campaigning.
Candidates should bear in mind that, under both the pharmacists’ and
the pharmacy technicians’ Codes of Ethics, they are required to behave
with integrity and honesty, to adhere to accepted standards of personal and
professional conduct and not to engage in any behaviour or activity likely
to bring the profession into disrepute or undermine public confidence in the
profession.
8(c). Publicity Discontinuation of the three questions to candidates The Council no longer invites the editors of The
Pharmaceutical Journal and other pharmaceutical publications to pose up to three questions to
election candidates in every election. Editors may at their discretion
maintain the tradition, or resume it for a particular election. The Council’s
former decision to invite the questions originated from the expectation
that questions of interest to the profession would regularly arise after
the preparation of the candidates’ election statements. In fact,
such questions do not often arise in the relatively short time between
the preparation of the election statements and the mailing of the voting
papers. Candidates for election to the reformed Council will in any case
have the chance to comment on topical issues in letters pages (subject
to the above restrictions relating to The Pharmaceutical Journal) over
the election period.
Should an editor or editors choose to pose the questions, they are asked in
the interests of fairness to ensure that all candidates are given the opportunity
to respond to the questions and that the length of the responses be restricted.
In the spirit of item (7) above, the Society no longer forwards questions to
candidates as it has done in the past. Editors may send questions to candidates
direct at their registered addresses; it is for the candidates to ensure that
adequate forwarding arrangements are in place for mail where necessary. However,
editors are encouraged to notify the Society of their intention to pose questions
to the candidates and where they have done so notification to this effect will
be posted on a candidates’ page on the Society’s website. Travelling
candidates with no access to their mail are encouraged to visit this page on
a regular basis.
9. Sponsorship and election expenditure The Council does not place any
specific restrictions on sponsorship or election expenditure. Any use
of sponsorship should, however, be in keeping with the requirements of
the pharmacists’ and pharmacy technicians’ respective Codes
of Ethics.
10. Hustings The Council does not object to outside organisations or
Society regions or branches arranging hustings events if they so wish
provided all candidates are given an equal opportunity to present their
views. There will be no restriction on the reporting of hustings events
by the pharmacy media. It may be difficult for all candidates to attend
such meetings. The Council considers that if a candidate cannot attend,
he or she should have an opportunity of submitting a statement, equal
in length to the opening statements of candidates who are able to attend,
to be read by the Chairman or some other appropriate person.
Ann Lewis
Secretary and Registrar |
The
Pharmaceutical Journal