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Complaint no. LA/SI/625 concerning an alleged contravention of the Councillors’ Code of Conduct by Councillors Alastair Cooper, Addie Doull, Iris Hawkins, Rick Nickerson, Caroline Miller and Leslie Angus of Shetland Islands Council

1. Complaint number LA/SI/625 alleged a contravention of the Councillors’ Code of Conduct (“the Code”) by Councillors Alastair Cooper, Addie Doull, Iris Hawkins, Rick Nickerson, Caroline Miller and Leslie Angus (“the respondents”). 

2. It was alleged that the respondent had contravened the Code, in particular, any provisions relating to dual membership of a local authority and a community council.

3. The person complaining (“the complainant”) alleged that the respondents’ dual memberships of Shetland Islands Council and various community councils in Shetland created a conflict of interest as community councils should put forward the views of the local communities and Shetland Islands Council should look at the wider - and possibly conflicting - interests of the whole of Shetland.

4. The legislation which established community councils (part IV of The Local Government (Scotland) Act 1973) did not prevent local councillors from being elected and serving as community councillors.  It was a matter for the discretion of each local authority to make provision in its Community Council Scheme in relation to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils.  I noted that the Shetland Islands Council Community Council Scheme did not contain such a disqualification.

5. There was no legal impediment to the respondents having dual memberships of Shetland Islands Council and a local community council and I did not identify any part of the Code which their dual memberships contravened.  Indeed, it was of the highest importance that communications between a local authority and its community councils should be as good as possible and to have local authority councillors playing an active role at community council meetings was one obvious way of enhancing good communications.  If for example a person as an elected community councillor participated in the discussion and/or any voting in respect of making a recommendation to the local authority on a planning application then that community councillor, if he or she subsequently was asked to consider the same planning application in his or her capacity as an elected member of the local authority, would have been expected to declare an interest in the application and to have refrained from participating in the discussion and voting in respect of that application.  That is not to say, however, that where dual membership exists, there can be no conflict of interest but these issues will arise in relation to specific circumstances.

6. This complaint raised the issue of dual membership of a local authority and a community council as a matter of principle.  For completeness it was interesting to note that a Scottish Government Community Council Working Group is currently considering various community council related matters including a model scheme for community councils (which may deal directly or indirectly with dual membership), good practice guidance for both community councils and local authorities and a code of conduct for community councillors.  I was advised that the Working Group’s review is likely to be concluded in the near future. 

7. Having considered the information that arose from my investigation, I concluded that Councillors Alastair Cooper, Addie Doull, Iris Hawkins, Rick Nickerson, Caroline Miller and Leslie Angus had not contravened the Councillors’ Code of Conduct.

D Stuart Allan

Chief Investigating Officer

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

5 March 2008