LOCAL government minister Kevin Stewart has dramatically intervened in the ongoing row over the case of independent Argyll and Bute councillor Mike Breslin, who claims he was the target of a concerted attempt to silence him from asking awkward questions about controversial council issues.
Letters to and from Stewart and Argyll council leader Dick Walsh have been obtained by The National under Freedom of Information rules.
They show that while ruling out an inquiry into Argyll and Bute’s “difficulties” the minister has raised various concerns including the treatment of Cllr Breslin, who last night called on Cllr Walsh not to stand again at the council elections in May.
Two lots of complaints were made against Breslin by senior councillors and four senior officials over many months. In total some 30 complaints were made against him under the local government code of conduct, but the Standards Commission upheld only one – relating to email to an official who himself had made no complaint.
The complaints followed Breslin’s queries over the council’s dealings on controversial issues such as the sale of Castle Toward school to a business couple rather than a local community development company.
In his letter to Walsh, Stewart wrote: “As you know the recent decision by the Standards Commission in relation to the complaint brought against Councillor Michael Breslin by four officials of Argyll and Bute Council has generated a good deal of comment and indeed criticism. I believe the case has raised important issues relating to the workings of the council especially as regards relations between elected members and council officers.
“While these are primarily matters for which the council itself is responsible, the Councillors Code of Conduct is issued by ministers.
“It is crucially important for any local authority that there is mutual trust and respect between elected members and council officers, which is why this is one of the key provisions of the code.
“I note that out of the large number of original allegations against Councillor Breslin, only one was upheld.
“I am also conscious of the wider concerns that have been expressed by Audit Scotland and the Accounts Commission about working relationships within the council. While the most recent best value audit on the council published in December 2015 said that some improvement had been made, it also noted that long-standing personal and political differences remain among a small number of individuals in Argyll and Bute.
“The report went on to say that this discord must be resolved in the best interests of the people of Argyll and Bute. I share that sentiment.
“I am sure you and your colleagues will be reflecting carefully on what lessons might be learned from this case.”
Cllr Walsh replied: “There has been significant hard work, positive attitude and determination shown by the vast majority of councillors, backed up of course by our committed and professional officers.
“Various measures have been put in place to support this, including an action plan developed to address those previously identified issues; strengthening governance arrangements; training opportunities for members and more. The result of all this is a significantly different and improved council, and we were encouraged by Audit Scotland’s acknowledgement of this in the best value report of December 2015.
“This work and commitment continues, as does our progress, focusing on improving relationships while being clear that unacceptable behaviour will be challenged appropriately, in line with our duties as a responsible employer.
“Administration members, as well as colleagues across the chamber, continue to do everything possible to foster positive relationships between all members. You will note from successive Audit Scotland reports that conduct issues have been clearly noted as being confined to a small number of elected members, both in member-to-member and member-to-officer terms.
“While in all walks of political life there will be areas of disagreement, I am very clear that these should be resolved in a business-like and professional manner.
“The expectations around engagement with officers are clearly set out in the principles and detail of the Councillors Code of Conduct, and I would expect every member of this council to abide by the spirit and letter of that code.”
Cllr Breslin said last night: “Yet again Dick Walsh has failed to address the main issue, which is that of the 30 complaints against me over the past two years, only one was upheld.
“He and his Lib Dem, Tory and so-called independent colleagues and the officers involved have never accepted the fact that I substantially won the case, and his reply to the minister simply ignores the fact yet again that the attempt to silence me failed.
“It would be good for the people Argyll and Bute and for democracy in this part of the world if Cllr Walsh never stood for election again.”
The National contacted Cllr Walsh, who has been a councillor for 40 years, to see if he had anything to add to his letter but there was no reply.
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