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Complaint no. LA/DG/416 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor William Scobie and Councillor Thomas Sloan of Dumfries and Galloway Council

1. Complaint number LA/DG/416 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor William Scobie and Councillor Thomas Sloan ("the respondents").

2. It was alleged that the respondents had contravened the Code, in particular, the key principles which relate to Selflessness and Honesty, section 4 of the Code which relates to Registration of Interests and section 5 of the Code which relate to Declaration of Interests.

3. The person complaining, Councillor Fred Murray ("the complainant") alleged that in relation to the appointment of Mr Sam Scobie to the Rhins Renewal Action Group, Councillor Scobie failed to register and declare an interest, namely that Mr Scobie is his brother, and Councillor Sloan, who is a member of the Labour Party failed to register and declare an interest, namely that Mr Sam Scobie is a senior member of the Labour Party.

4. The setting up of the Rhins Renewal Action Group was first proposed in late 2004. The Wigtown West Area Committee is a Committee of Dumfries and Galloway Council which deals with local issues relating to the area in and around Stranraer. The complainant and the respondents are three of the six members of the Wigtown West Area Committee. At a meeting on 16 February 2005 the Wigtown West Area Committee considered a report entitled Stranraer Waterfront/Rhins Renewal Action Group. The section of the report headed Reason for the Report stated "to seek Elected Member representation for the new Rhins Renewal Action Group in response to a request by Scottish Enterprise Dumfries and Galloway," and the report included the following information:

"In approving the proposal to establish the Rhins Renewal Action Group, the Board of Scottish Enterprise Dumfries and Galloway has approved the establishment of the new body which would bring together strategic proposals for the Stranraer Waterfront Project, the West Freugh Action Plan (and related projects) and the work of the Scottish Enterprise Dumfries and Galloway Board Sub-Committee (Wigtownshire). The Board has also approved the winding-up of the former Small Towns Initiative.

On behalf of the Board of Scottish Enterprise Dumfries and Galloway, the Chief Executive is therefore seeking the nomination of two Elected Members, with one substitute member who could stand in for either member. This would mirror the representation from Scottish Enterprise Dumfries and Galloway in terms of two Board members and one substitute to serve on the initial group, the Chief Executive of Scottish Enterprise Dumfries and Galloway having indicated that the group may choose to co-opt/expand as and when necessary and when business dictates.

At its inaugural meeting, it is further proposed, the Group would agree its role, remit and composition and consider the need (or not) for an independent Chair."

The Minute of the meeting of Wigtown West Area Committee, which was held on 16 February 2005, recorded that it was agreed that the respondents would be the nominees to the Board of the Rhins Renewal Action Group.

5. The respondents were present at the first meeting of the Rhins Renewal Action Group which took place in Stranraer on 7 March 2005. Discussion took place on the membership and chair of the group and part of that discussion was minuted in the following terms:

"Dumfries and Galloway Council would appoint a representative to be Vice-Chair, taking over the position of Chair in 12 months, for a period of 12 months."

At the next meeting of the Rhins Renewal Action Group, which was held on 8 July 2005, Mr Sam Scobie was present. In the Minute he was described as Private Sector (Vice-Chair).

6. The former Chief Executive of Scottish Enterprise Dumfries and Galloway and the respondents were broadly in agreement as to the circumstances leading to Mr Scobie's appointment to the Action Group. The former Chief Executive explained that the sentence, "Dumfries and Galloway Council would appoint a representative to be Vice-Chair, taking over the position of Chair in 12 months for a period of 12 months," in the Minute of the meeting of 7 March 2005, was not intended to mean that the matter was going to be referred to the Wigtown Area West Committee. Instead he invited the respondents, who, in his opinion, were the representatives of Dumfries and Galloway Council on the Action Group, to nominate a person or persons for the position of Vice-Chair. It appeared that the respondents asked Mr Sam Scobie, who had been a member of the former Small Towns Initiative, if he would agree to being nominated. Mr Scobie agreed and his name was passed on by Councillor Sloan to the former Chief Executive who knew Mr Scobie through his work with the Small Towns Initiative, and was aware that Mr Scobie and Councillor Scobie are brothers.

7. Councillor Scobie accepted that he did not at any stage make a formal declaration of interest that Mr Scobie is his brother. He explained that he and Councillor Sloan put forward Mr Scobie's name for consideration for the post of Vice-Chair of the Action Group and that he, Councillor Scobie, did not take part in any subsequent discussion or decision making which led to Mr Scobie's appointment. That appointment was made by Scottish Enterprise Dumfries and Galloway.

8. Councillor Sloan accepted that he did not at any stage declare as an interest the fact that he and Mr Scobie are both members of the Labour Party. He explained that he did not do so for the same reasons as those put forward by Councillor Scobie and also because he did not consider that to be an interest which would be required to be declared in any circumstances.

9. The former Chief Executive and the respondents also pointed out that the Action Group is a local group taking a project forward to the delivery phase. It is an informal group and not empowered to make key decisions on behalf of Scottish Enterprise Dumfries and Galloway or Dumfries and Galloway Council, for example, with regard to funding. The group itself has no budget.

10. The complainant did not believe that the appropriate procedure was followed in appointing a Vice-Chair of the Rhins Renewal Action Group. He believed that the responsibility for making the appointment, in view of the terms of the Minute of the meeting of the Action Group held on 7 March 2005, lay with the Wigtown West Area Committee to whom the matter should have been referred. Although the terms of the Minute may have tended to support the complainant's view, that was not how the Vice-Chair was appointed.

11. In this case, the Action Group was set up, not by the Council, but by Scottish Enterprise Dumfries and Galloway. The Group has no formal executive functions and no budget. It is serviced by Scottish Enterprise Dumfries and Galloway. Mr Sam Scobie had no financial or other material interest in his appointment which was entirely voluntary and could not reasonably be regarded as an interest for the purpose of section 5 of the Code and accordingly there was no interest which his brother Councillor William Scobie required to declare. Furthermore in making nominations or appointments to outside bodies such as the Action Group, the fact that there is common political affiliation does not preclude nominations or appointments. In all the circumstances, therefore, I concluded that Councillor Scobie's and Councillor Sloan's involvement in the appointment process could not reasonably be regarded as a breach of the Code.

12. Having considered the information that arose from my investigation, I concluded that Councillor William Scobie and Councillor Thomas Sloan had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
28 September 2006