Western Isles Council has complained about the following news story which I circulated to news media at the weekend. It claims that I did not quote Norman Macleod properly because I omitted the phrase: “…according to the information we had.” However, as you can see from the text below, that is not just misleading, it is a monstrous lie. And I can prove it.
THE chairman of a Scottish police board has caused outrage by suggesting he would vote again to refuse a golf club’s Sunday licence even though a sheriff ruled that a previous refusal was unlawful.
Stornoway Golf Club last week won a legal action against the islands’ licensing board forcing them to grant a seven-day licence after two previous refusals.
Councillor Norman Macleod, a hardline presbyterian and member of Western Isles Licensing Board, who also chairs the Northern Joint Police Board, has caused outrage by saying on BBC Gaelic radio he would be of “the same opinion” if the matter came up again.
By law, councillors must consider each application on its merits and other politicians said he should consider his position.
Members of the Western Isles Licensing Board linked to hardline Protestant churches voted against the golf club’s seven-day bid each time. However, when the club lodged a legal appeal, the sheriff found in the club’s favour. The ruling was announced last week.
Acting Sheriff Principal Charles Stoddart made it clear there should have been no refusal and he specifically said the licensing board, by refusing, had erred in law.
The broadcast Gaelic comments by Councillor Macleod, an oil depot manager who is an office-bearer in the Free Church of Scotland, have been translated as: “If the application was in front of us again, for myself, I think I would give the same opinion as I gave before, according to the information we had.”
Western Isles Council did not deny the translation was accurate.
There is now mounting anger among members and supporters of the golf club as well as others unhappy about the conduct of certain members of the licensing board.
Western Isles Licensing Board is a separate legal entity from the islands’ council but is made up of councillors and financially supported by the council which has had to spend public money to prop up a case that the sheriff has found to be flawed. Despite saying they were sure of their case, the licensing board did not send any legal representation to the hearing but merely sent a letter.
Island taxpayers will now ultimately have to stump up a reported £10,000 for the golf club’s legal costs, money which, critics say, is deplorable a time when frontline services are having to be cut. It has also been suggested the refusenik members be personally surcharged to meet the legal bill.
Asked how a councillor could say he would vote to refuse a licence again after a sheriff had ruled the board had erred in law with its previous refusal, a council spokesman said: “There is a real and material difference between an error in law and wilfully breaking the law. An error in law includes misinterpretation of any rule of statute.
“An error in law occurs where the law has been misapplied or misunderstood. For example, a failure to follow the correct voting procedure would be an error in law. Breaking the law is a term normally applied to an act or acts by an individual or body where that individual or body has wilfully acted in direct contravention of a criminal statute or the common law.
“To err in law is not implying ignorance nor law breaking. It is rather a matter of interpretation.”
Meanwhile, the council still insists that every application to the licensing board is being assessed on its merits and that legal advice is provided as required. However, it has steadfastly refused to disclose what legal advice the board was given for the golf club bid. An attempt to get the legal advice through Freedom of Information legislation failed because council lawyers were ordered not to put it in writing.
Cllr Macleod sits as chairman of Northern Joint Police Board which controls the Northern Constabulary’s pursestrings and policies throughout the Highlands and Islands. Now critics say his position could be untenable when he suggested he may effectively ignore the sheriff’s findings in the future.
One island councillor, who asked not to be named, said: “Yes, I am shocked. When the implications of what he said are considered, Norman, as chairman of a police board, may well find it impossible to continue.”
Licensing board chairman Cllr Martin Taylor, of Benbecula, is among the few board members who voted for the golf club bid. He caused a sensation by publicly criticising members for how they voted after receiving legal advice.
He did not wish to be drawn into the row over his fellow councillor’s comments on radio but said: “I am pleased with the sheriff’s decision.”
The Code of Conduct for councillors stresses they have a duty to uphold the law and act in accordance with the law and the public trust placed in them.
Ken Galloway, secretary of Stornoway Golf Club, confirmed that members were furious at the broadcast comments by Cllr Macleod.
The club then issued a statement which said: “Members of Stornoway Golf Club are both surprised and disappointed by the statements made by a member of the Western Isles Licensing Board on radio, which appear to send out a message of bitterness in the face of defeat and blatant intention to continue to defy the law.”
Neither Councillor Macleod nor Ian Ross, the vice-chairman of Northern Joint Police Board, returned messages.
Update. Cllr Ian Ross has been in touch to praise Cllr Macleod: “In terms of Cllr. Macleod, I know him well and consider him to be a councillor of the highest integrity and in my experience he has shown great commitment to his role as Police Convener.” Others have been in touch too but their comments aren’t suitable for publication here.
Pingback: Muddy Waters | A View From The West