Conflict of Interest Policy
This policy applies to all trustees of the Society for Music Education in Ireland (SMEI).
Why we have a Conflict of Interest Policy
Trustees have a legal obligation to act in the best interests of SMEI, and in accordance with SMEI’s Constitution and governing documents, and to avoid situations where there may be a potential conflict of interest. Conflicts of interests may arise where an individual’s personal or family interests and/or loyalties conflict with those of SMEI. Such conflicts may create problems; they can inhibit free discussions, and result in decisions or actions that are not in the interests of SMEI
The aim of this policy is to protect both the organisation and the individuals involved from any appearance of impropriety.
The Declaration of Interests
Accordingly, we ask trustees of the organisation to declare their interests, and any gifts or hospitality received in connection with their role in SMEI. A declaration of interests form is provided for this purpose, listing the types of interest you should declare. To be effective, the declaration of interests needs to be updated at least annually and also when any changes occur.
Interests and gifts will be recorded on the charity’s register of interests, which will be maintained by the Secretary. The register will be accessible on request.
Data Protection
The information provided will be processed in accordance with the General Data Protection Regulations asset out in the Data Protection Act (2018). Data will be processed only to ensure that trustees act in the best interests of SMEI. The information provided will not be used for any other purpose.
Decisions taken where a trustee has an interest
Where there is a potential direct conflict of interest, the trustee in question should inform the Executive Committee at the earliest opportunity and withdraw from any subsequent discussion and vote. In the event of the Executive Committee having to decide upon a question in which a trustee has an interest, all decisions will be made by vote, with a simple majority required. A quorum must be present for the discussion and decision; interested parties will not be counted when deciding whether the meeting is quorate.
All decisions under a conflict of interest agenda will be recorded by the Secretary of SMEI and reported in the minutes of the meeting.
The report will record:
the nature and extent of the conflict;
an outline of the discussion;
the actions taken to manage the conflict.
Where a board member benefits from the decision, this will be reported in the annual report and accounts.
All payments or benefits in kind to board members will be reported in the society’s accounts and annual report, with amounts for each board member listed for the year in question. Where a trustee is connected to a party involved in the supply of a service or product to the society, this information will also be fully disclosed in the annual report and accounts. Independent external moderation will be used where conflicts cannot be resolved through the usual procedures.
Managing Contracts
If a trustee has a conflict of interest he/she must not be managing or monitoring a contract in which he/she has an interest. Monitoring arrangements for such contracts will include provisions for an independent challenge of bills and invoices, and termination of the contract if the relationship is unsatisfactory.
Board of Trustees
Society for Music Education in Ireland, December 2018