Fort William representative censured for breach of councillors' code
Highland Councillor Kate Willis has been found to have breached the provision in the Councillors’ Code of Conduct that requires councillors to register certain non-financial interests.
Following an online hearing today, March 26, the Standards Commission Hearing Panel censured Cllr Willis.
Suzanne Vestri, Standards Commission Convener and Chair of the Hearing Panel, said: “The obligation for councillors to register certain interests is a fundamental requirement of the Code.
“A failure to ensure a register is kept up to date, as required, removes the opportunity for openness and transparency in a councillor’s role and denies members of the public the opportunity to consider whether the councillor’s interests may be likely to influence their discussion and decision-making.”
The Panel found, and noted that it was not in dispute, that Cllr Willis failed to record membership of the Lochaber National Park Working Group in her Council Register of Interests until July 3 2024, despite having been a member since at least October 2023.
The Panel noted that the Working Group was a small, informal one set up by local people who believed that Lochaber should submit an application to the Scottish Government to be designated as a National Park.
The Panel noted the Code obliges councillors to apply an objective test to determine if any non-financial interests they have require to be registered.
In terms of that test, registrable non-financial interests are those which members of the public, with knowledge of the relevant facts, might reasonably think could influence a councillor’s decision-making in their council.
The Panel noted that non-financial interests could include membership of, or participation in, community groups who could potentially be impacted by, or benefit from, decisions taken by the Council.
The Panel noted that the Working Group was informal and comprised of unpaid volunteers.
The Panel nevertheless noted that it was not in dispute that the group had organised community consultation events, set up a website and social media pages, ran a survey, and submitted a ‘conditional nomination document’ to the Scottish Government in February 2024, as part of the National Park designation process.
The Panel noted that Cllr Willis was named and identified as a councillor in the conditional nomination document.
The Panel was of the view in this case, the relevant facts for the purpose of the application of the objective test were that:
• There was evidence that the suggestion that Lochaber should seek national park status had generated strong feelings locally, both for and against the proposal. The Panel considered, therefore, that there was public interest in the group and, as such, the public might view its aims as having the potential to affect a community served by the Council.
• The Council provided funding to an organisation that supported the group. As such, it was a community group that benefitted from a decision taken by the Council.
• Cllr Willis was identified as a councillor in the nomination document, which suggested her status as an elected member was considered relevant.
The Panel considered that it would be reasonable for members of the public, with knowledge of these relevant facts, to consider they were sufficiently significant as to be likely to potentially influence the Respondent’s discussion and decision-making at Council.
This was because it would be reasonable for members of the public to conclude it was likely the Council could be asked to support (financially or otherwise) any nomination application.
The Panel concluded, therefore, that Cllr Willis’ membership of the group was a non-financial interest that required to be registered, within a month.
The Panel found that as Cllr Willis’ name was added to the group’s blog in October 2023, there was evidence she was a member at that point. The Panel found, however, that Cllr Willis did not register her membership of the group until July 2024.
The Panel concluded, therefore, that Cllr Willis had breached the Code.
The Panel noted, in mitigation, that Cllr Willis had apologised for her failure to register her membership of the group within the required timescales.
While the Panel concluded that Cllr Willis should have registered her membership of the working group, it was nevertheless satisfied that she had not attempted to conceal her interest and that there was no personal gain.
The Panel further accepted that Cllr Willis’ apology was genuine. In the circumstances, the Panel concluded that a censure was an appropriate sanction.
A full written decision will be published on the Standards Commission’s website (www.standardscommissionscotland.org.uk/) within seven working days.
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