SUSPENDED West Somerset district councillor Hugh Davies has won a partial victory in his bid to claim backdated allowances. The authority's chief executive Tim Howes was due to tell councillors last night (Thursday) that he had made a payment of just under £1,938 to Cllr Davies - all but three months of the 15 months' worth of allowances requested - following further advice from legal experts in the field of public office. The payment follows a controversial meeting in September at which a move to pay Cllr Davies £2,300 - his allowances from January 2004 to March this year - was narrowly defeated. But councillors instructed officers to seek help from a top barrister before closing the door for good on Cllr Davies' request. In a report to a special meeting of the full council last night, Mr Howes said the situation was uncharted territory for the authority and was probably unique in local government generally. Cllr Davies' initial claim for around four years of unclaimed allowances was passed to an independent remuneration panel, which had recommended making a payment only from January 2004 to March 2005, subject to it being lawful. However, Mr Howes said the legal advice from solicitors Sharpe Pritchard was that it would be ultra vires, or unlawful. But having now sought the further legal advice requested by councillors in September, Mr Howes said he had been advised that although it would be unlawful to pay the full amount, the council would be able to make a payment from April 1 2004 to March 15 this year - virtually the last civic year. "This payment is made on the basis that Cllr Davies (suspended) waived his decision to forego allowances in the year 2004/05 and is therefore entitled to his allowances for 2004/05," said Mr Howes. "Whilst this is not what Cllr Davies (suspended) requested, it is the only lawful payment the council could make." Mr Howes said the legal advice - from counsel in chambers specialising, amongst other things, in the provision of advice relating to elections and the exercise of public office - was that Cllr Davies was not entitled in law to the full amount requested as the decision to claim it was after the 2004 year end and the council had acted on the decision by publicising it, creating accounts and setting the budget and Council Tax. "Counsel is of the opinion that the crucial fact is that he communicated the decision after the year- end, which means that he is estopped (barred or precluded) from now claiming it, and equity will not assist him on this issue," said Mr Howes. Cllr Davies, who represents Williton, has served eight months of a one-year suspension imposed by the Adjudication Panel of England following an investigation by national local government watchdog the Standards Board. Currently in his second term of office, Cllr Davies has traditionally always refused to claim his basic allowances in an attempt to save taxpayers' money. But he launched a bid to recoup the backdated cash for the years from 2001 to 2005 after accruing £13,000 in legal expenses defending himself against allegations he has strenuously denied. Although he was found "guilty" of confirming details of top officers' salaries to a Taunton-based newspaper and of failing to leave council meetings when the council's move to centralised offices was discussed, Cllr Davies has since obtained written confirmation from the journalist who wrote the incriminating story that he already had the pay details before talking to Cllr Davies.
