COUNCILS in Scotland can no longer refuse to name councillors in arrears with their council tax, the Scottish Information Commissioner has ruled.
That is the positive result of the scandal The National reveals today of a senior Argyll and Bute councillor who twice voted on council tax matters despite being in four-figure arrears with his own tax.
The Commissioner’s landmark ruling was achieved thanks to the tenacity of a member of Argyll and Bute Council who was furious that he himself had been under suspicion of the offence.
Lomond North Councillor George Freeman, who at no time revealed the name of Robert G McIntyre as the offender, told The National how a newspaper report in 2014 sparked his quest to find out the truth about councillors in arrears.
He said: “The report referred to five Argyll and Bute councillors who had official reminders issued, with two independent councillors being subject to summary warrant proceedings.
“Although I was told by a councillor in the administration that they were aware that this report related to two councillors from the Mid Argyll area, as far as the public and my constituents were concerned, this report could have referred to me, although I have never been in arrears with council tax.
“Two constituents went as far as to actually accuse me of not paying my council tax.
“As I will certainly never sit back and allow anyone to accuse me of not paying my council tax or carrying out an illegal act, I requested information from council officers that would have included details of all 36 councillors’ council tax accounts.
“I was refused that information. As a result, I have continued to remain under suspicion of failing to pay my council tax and carrying out an illegal action over the past 28 months.”
A court case in England last year proved to be a game-changer – the judge said councils could no longer withhold the names, which then spurred Freeman into submitting a freedom of information (FOI) request.
He continued: “Council officers refused to release the information I had requested.
“I requested a review of that decision and senior council officers upheld the decision not to release the information I had requested.”
That left Freeman no choice but to take the matter to the Scottish Information Commissioner – the first time this had happened in Scotland over the naming of councillors in tax arrears.
The Commissioner then delivered the landmark decision in his favour.
He told The National last night: “I am aware that a number of individuals are unhappy that my FOI request was submitted and that the name or names of any councillor or councillors who are in arrears with council tax can now be made public by any local authority in Scotland. “I believe that, when considering this issue, it is essential that all councillors remember and comply fully with the Councillors’ Code of Conduct and the key principles of duty, selflessness, integrity, objectivity, accountability and stewardship, openness, honesty, leadership and respect.”
The Commissioner stated: “Argyll and Bute Council was asked for the names of any of its councillors who were in arrears with council tax payments on specific dates, with the amount of the arrears in each case.
“It disclosed the amounts in response to the request, but did not disclose the name of the councillor in arrears until after the case was appealed to the Commissioner.”
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