Decision of the Hearing Panel of the Commission following the Hearing held at the Park Hotel In Kilmarnock on 25 August 2009

• Panel Members
• The Complaint
• Joint Statements of Facts
• The Decision
• Sanction
• Reasons for Sanction
• Conclusion

Panel Members:

Mrs Wendy Goldstraw, Chairman

Mr John Dowson

Mr Okain McLennan

In respect of a Report by D Stuart Allan, Chief Investigating Officer (“the CIO”) further to Complaint No. LA/EA/833 (“the Complaints”) concerning an alleged contravention of the Councillors' Code of Conduct (“the Code”) by Councillor Helen Coffey of East Ayrshire Council (“the Respondent”).

The CIO presented his case. The Respondent was present at the Hearing and represented herself.

The Complaint

The Complainant was Mr David Meechan. The Complainant alleged that the Respondent breached the provisions of the Councillors' Code of Conduct by failing to register a registerable interest within the prescribed timescale in that she had not registered that she received remuneration from employment. Accordingly, it was alleged that the Respondent breached:

•  paragraphs 4.2 and 4.3, which are contained in Section 4 of the Code which deals with the Registration of Interests, including financial interests.

and

•  Regulation 5 of the Ethical Standards in Public Life etc. (Scotland) Act (Registration of Interests) Regulations 2003 which requires the registration of changes to registerable interests within one month.

Registration of Interests

Para 4.2 Regulations made by Scottish Ministers describe the detail and timescale for registering interests. It is your responsibility to comply with these regulations and you should review regularly and at least once a year your personal circumstances. Annex B contains key definitions and explanatory notes to help you decide what is required when you register your interests under any particular category. The interests which require to be registered are those set out in the following paragraphs and relate to you. It is not necessary to register the interests of your spouse, or cohabitee.

Category One – Remuneration

Para 4.3 You have a registerable interest where you receive remuneration by virtue of being:

•  employed

•  self-employed

•  the holder of an office

•  a director or an undertaking

•  a partner in a firm; or

•  undertaking of a trade, profession or vocation, or any other work

The CIO 's Report (“the Report”) was submitted to the Commission in accordance with Section 14.2 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 ( "the Act"). The Code came into effect on 01 May 2003 and the Commission accordingly had jurisdiction to hear the Complaint, as the alleged breaches of the Code occurred after the Code came into operation.

The CIO's findings were that Councillor Coffey contravened the provisions of the Code and the Regulations by:

•  failing to register properly within the prescribed timescale her remunerated employment working as a part-time (25 hours per week) office assistant for her brother Mr Willie Coffey MSP ( Mr Coffey is also an elected member of East Ayrshire Council).

Joint Statement of Facts

The Chief Investigating Officer and the Respondent lodged as a production a Joint Statement of Facts signed on 16 July 2009 and 27 July 2009 respectively. In the agreed Joint Statement of Facts, the totality of the CIO's report was accepted as not being in dispute. All the Appendices and Annexes to the report were agreed as being as an accurate record of the matters they purport to record.

The Decision

The Hearing Panel considered all the evidence, submissions given in writing and orally at the Hearing and found as follows:

•  The Councillors' Code of Conduct applied to the Respondent.

•  By delaying the registration of remunerated employment for a period of 16 months, the Respondent failed to declare a registerable interest within the prescribed time limit. As such she was in breach of paragraphs 4.2 and 4.3 (Registration of Interests and Remuneration) of the Councillors' Code of Conduct and Regulation 5 of the 2003 Regulations.

Sanction

The Panel decided to censure Councillor Coffey under the terms of the Ethical Standards in Public Life etc (Scotland) Act 2000 Section 19 (1) (a).

Reasons for Sanction

In reaching their decision, the Panel had taken into account:

•  In failing to register properly and timeously her remunerated employment by her brother, Councillor Coffey did not demonstrate the openness and transparency required by the Code and as such did not adhere to key principles of ethical standards.

•  Councillor Coffey accepted full personal responsibility for the fact that she had failed to register a financial interest properly within the timescale and therefore failed to meet her fundamental obligations.

•  The Panel accepted that there was no concealment of the fact that Councillor Coffey provided assistance to her brother.

•  The Panel accepted that there was no evidence that there had been deliberate concealment of the fact that the assistance she provided was remunerated. Nevertheless, the failure to register timeously the remunerated nature of that assistance was a serious and material breach of the Code.

Conclusion

The attention of the Respondent is drawn to Section 22 of the Ethical Standards in Public Life etc. ( Scotland ) Act 2000 which details the Right of Appeal in respect of this Decision.

The Panel determined that there be no award of expenses under Rule 13(1) of the Commission's Hearing Rules.