----Original message----
Date : 07/12/2018 - 09:17 (GMT)
To : This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Subject : Leisure Centre New Build - You Criticise others but fail to clarify your own role

Dear Councillor Merrick

I refer to your below comments Published by Dawn Renton 09:00 Thursday 06 December 2018 in the Eastwood Extra On Line and my previous email of 14/11/2018.

It is poor that you criticise others for not being clear with residents, but decline to clarify your own role, and choose not to make that clear to residents, regarding this matter.

Again it would be appreciated if you can clarify your own situation and role as a Leisure Trust Board member, in support of Anthony McReavy and the Leisure Trust's support(see Leisure Trust Web Site) for a new state-of-the-art culture and leisure facility on a different site within the Eastwood area.

It would currently appear that you, as a Leisure Trust Board Member, are already committed to supporting a £40m spend on a Mega Sports Centre on a different site to include Greenspace land.

Can you explain your role and what you intend to do regarding these roles (over the coming months/years) in this matter of a New Build Leisure Centre -

- Your role as a Leisure Trust Board Member, and already committed to supporting a £40m spend on a Mega Sports Centre on a different site to include Greenspace land and

- your role as a Councillor,

- Your role as Convener for Community Services and Community Safety.


Your help in taking action to clarify this matter will be appreciated.

'But in response to the survey findings, Councillor Colm Merrick said: “As Mr Carlaw and Mr Masterton are well aware, no decision has been reached on the building or location of the proposed new leisure centre.

“It is poor they chose not to make that clear to residents in their case survey which I understand was issued to their contact lists and some (but not all) neighbours of the two parks.

“Whilst this of course means their survey is not a representative measure of opinion, myself and colleagues continue to engage with our residents to establish their views and provide information.'

Again, your help in taking action to clarify this matter will be appreciated.

Thanks


----Original message----
Date : 14/11/2018 - 10:26 (GMT)
To : This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Subject : Council Meeting 31/10/2018 - Statement by Council Leader Cllr Tony Buchanan regarding ERCLT Board members

Dear Councillor Merrick

I refer to my request below to Council Leader Buchanan for clarification.

Your comments would be appreciated.

It would also be appreciated if you can clarify your own situation and role as a Leisure Trust Board member, in support of Anthony McReavy and the Leisure Trust's support(see Leisure Trust Web Site) for a new state-of-the-art culture and leisure facility on a different site within the Eastwood area.

It would currently appear that you, as a Leisure Trust Board Member, are already committed to supporting a £40m spend on a Mega Sports Centre on a different site to include Greenspace land.

Can you explain your role and what you intend to do regarding these roles (over the coming months/years) in this matter of a New Build Leisure Centre -

- Your role as a Leisure Trust Board Member, and already committed to supporting a £40m spend on a Mega Sports Centre on a different site to include Greenspace land and

- your role as a Councillor,

- Your role as Convener for Community Services and Community Safety.


Your help in taking action to clarify this matter will be appreciated.


....................
Dear Council Leader Cllr Buchanan

Council Meeting 31/10/2018 - Statement by Council Leader Cllr Tony Buchanan regarding ERCLT Board members

I refer to the statement you made to the chamber, at the Council Meeting on 31 October 2018, as Leader of the Council, in reply to a question by Cllr Miller in regard to East Renfrewshire Culture & Leisure Trust(ERCLT)

You as part of the statement stated - 'Four of our Councillors sit on the Trust Board and we rely on them............'

This can easily be taken and misunderstood by the chamber, Residents, Council Tax Payers and Cllr Miller that these four Councillors are on the Trust Board to represent the Council and to carry out the instructions of the Council, and that these Councillors can be relied on to carry out these representations/instructions on behalf of the Council.

The Council cannot rely on these Councillors, as members of the East Renfrewshire Culture & Leisure Trust Board, to do anything.

The Council cannot rely on these Councillors to reflect the needs of the council.

For Clarification -

'For clarification -

Councillors who are members of East Renfrewshire Culture & Leisure Trust
Board -

Councillor Paul O’Kane
Councillor Colm Merrick
Councillor Barbara Grant
Councillor Danny Devlin

Company law demands that -

‘all board members must place the interest of the trust before that of the Local Authority, including Councillors and officers.’

'Although councillors can and will be on the board, the law is clear that they are there in a private capacity and not present to reflect the needs of the council.''

As there has been nothing to the contrary it must be assumed that Councillors Grant, O'Kane, Devlin and Merrick - the Convener for Community Services and Community Safety,

as Leisure Trust Board Members, support CEO Anthony McReavy in the Leisure Trust's support(see Leisure Trust Web Site) for a new state-of-the-art culture and leisure facility on a different site within the Eastwood area.

It would currently appear that Cllrs Grant, O'Kane, Devlin and Merrick, the Convener for Community Services and Community Safety, as Leisure Trust Board Members, are already committed to supporting a £40m spend on a Mega Sports Centre on Greenspace land.

If these Councillors are already committed to support CEO Anthony McReavy in the Leisure Trust's support for a new state-of-the-art culture and leisure facility on a different site within the Eastwood area, how can they represent all their constituents and all the Residents of East Renfrewshire on this matter?

To clear up this misunderstanding and to clarify the situation for the Chamber, Residents, Council Tax Payers and Cllr Miller, it would be appropriate for Cllr Buchanan to make the above further statement to the Chamber and to clarify the role of Councillors and the Convener for Community Services and Community Safety who, as Leisure Trust Board Members, are committed to supporting a £40m spend on a Mega Sports Centre on Greenspace land.

Your help in taking action to clarify this matter will be appreciated.

.........................


Your help in taking action to clarify this matter will be appreciated.

Thanks

Currently as Leisure Trust board members Cllrs Grant, O'Kane, Devlin and Merrick,support only one option but say to constituents they have not made a decision.

As can be seen from the ERCLT website -

'ERCLT CEO Anthony McReavy has publicly given the Leisure Trust's support(see Leisure Trust Web Site) for a new state-of-the-art culture and leisure facility on a different site to include Greenspace land within the Eastwood area.

In my opinion -

It would currently appear that Cllrs Grant, O'Kane, Devlin and Merrick, the Convener for Community Services and Community Safety, as Leisure Trust Board Members, are already committed to supporting a £40m spend on a Mega Sports Centre on a different site to include Greenspace land.'

This information supplied by Eamonn Daly, Democratic Services Manager , Department of Corporate and Community Services

- Regarding declaring an interest and/or Conflict of Interest in the Leisure Trust and Eastwood Leisure Centre New Build


Q - Could you explain this standing order (declaring an interest) and the different application of it.

A - You will no doubt have seen that Standing Order 35 governs the requirements to declare interests and those requirements are set out in the Councillors Code of Conduct.


Q - At the Council meeting on Wednesday 31/10/2018 Cllrs Cunningham, Grant, O'kane, Merrick and Devlin declared interest in certain agenda items.

Cllr Cunningham - 'Item 12. I'll not be participating. I have been friends with the family in the past'.

I cannot see via the Webcast but Cllr Cunningham would appear to have left the chamber before the start of discussion on Item 12?

Can you confirm if this was the case?

Under what part of the standing order did Cllr Cunningham leave?

Why could the Cllr not remain and just not contribute to the discussion/debate?

What is the normal procedures in a situation such as Cllr Cunningham's?

A - Councillor Cunningham quite rightly declared an interest in item 12 on the grounds that she was a friend of the family of the main director of the company it was proposed to have discussions with.

Having declared that interest she then left the meeting whilst the matter was being discussed. No doing so could have led to Councillor Cunningham being in breach of the Code of Conduct.


Q - Cllrs Grant, O'kane, Merrick and Devlin declared interest in 'being members of East Renfrewshire Leisure Trust Board'

When Item 18 came up for discussion why did Cllrs Grant, O'kane, Merrick and Devlin remain in the chamber and take part in the debate?

What is the normal procedures in a situation such as Cllr Grant, O'kane, Merrick and Devlin's?

Were these Cllrs treated differently from Cllr Cunningham?

A - The position in relation to Councillors Grant’ O’Kane, Devlin and Merrick is different.

Their interests were in relation to the 2 items on the agenda related to the operation of the Trust – Items 15 and 18.

The Code of Conduct provides for circumstances where Members need to declare an interest but can stay in and participate in items.

Being a member of an organisation such as the Trust is one of the exceptions. Hence the reason why the Councillors declared the interests as members of the trust board but did not leave the meeting when these items were discussed.



Q - I am no expert in Standing Orders or the Councillors Code of Conduct. Hence my requests for details/clarification. Therefore my requests for clarification.

It is my understanding Cllr Grant has claimed and (I presume received) Financial expenses to attend East Renfrewshire Culture and Leisure Board Trust Board meetings.

What is the situation regarding Councillors who receive Financial Payments under these circumstances?

Is this covered?

A - Claiming expenses to attend Trust Board meetings is approved in terms of the Scheme for Members’ Remuneration and Expenses. (this answers both questions above).


Q - Is this considered a Financial interest?

A - No it does not meet the definition of a financial interest as set out in the Councillors’ Code of Conduct.


Q - Should it be declared as such?

A - No


Q - If not, why not?

A - It is not for me to say. The Code is approved by Scottish Ministers. We simply apply the Code.

This information supplied by Eamonn Daly, Democratic Services Manager , Department of Corporate and Community Services

- Regarding declaring an interest and/or Conflict of Interest in the Leisure Trust and Eastwood Leisure Centre New Build

Q - I was in the Public Gallery for the Audit & Scrutiny meeting 22 November 2018.

On the presentation of Agenda Item 6, Report by Director of Education -JOINT ERCLT AND COUNCIL ACTION PLAN IN RELATION TO INDEPENDENT FINANCE AND BUSINESS REVIEW OF THE TRUST REPORT Cllr Grant left the meeting.

Presumably because they 'declared an interest', in being a member( in a private capacity ) of the ERCLT Board.

Why did Councillor Grant leave for this Agenda Item?

What was the reason?

A - In answer to both questions above, Councillor Grant was acting on the basis of advice provided to Councillors that in the interests of openness and transparency, Trust Board members should not participate in any discussions/deliberations on the scrutiny of the operations of the Trust.

This relates to the “objective test” as referred to in the Code of Conduct.

This test, as set out in Paragraph 5.3 of the Code, is whether a member of the public, with knowledge of the relevant facts, would reasonably regard the issue as so significant that it was likely to prejudice a councillor’s discussion or decision-making in their role as a councillor.


Q - What purpose does this serve?

A - This removes the potential for the councillor’s participation in the item to be challenged on the basis that their discussion or decision making was thought to be prejudiced.


Q - Is there a conflict of interest?

A - That is a matter for individual councillors to determine.


Q - If so, what is this conflict of interest?

A - It is not a question of a conflict of interest – more a question of possible challenges to the objectivity of Councillor Grant’s decision making based on her role as a member of the Trust Board


Q - If not, why is there no conflict of interest?

A - See above answer


Q - What did Cllr Grant leave themselves open to,or what can they be 'accused of, if they had not left the meeting?

A - Had Councillor Grant not left the meeting having declared her non-financial interest as a member of the Trust Board, she could have left herself open to a complaint to the Standards Commission claiming that she could not be impartial based on her Trust board membership.


Q - What is the difference between this Agenda Item and the Items referred in your statement below if as you say 'Being a member of an organisation such as the Trust is one of the exceptions.'

A - There is no difference.

However although provided with guidance, at the end of the day , whether or not to participate in the matter, having declared the interest, is a matter for the individual councillor.

In this particular case Councillor Grant, having declared an interest, decided not to participate in the matter.

For further information on the Code of Conduct please see www.standardscommissionscotland.org.uk/

This information and answers supplied by Mhairi Shaw Director of Education -



Q - AUDIT AND SCRUTINY COMMITTEE 22 November 2018 - Report by Director of Education -JOINT ERCLT AND COUNCIL ACTION PLAN IN RELATION TO INDEPENDENT FINANCE AND BUSINESS REVIEW OF THE TRUST REPORT

I refer to the above Report and para 4 and in particular the sentence 'This will be the subject of a report to the Trust Board next month when the four elected Members on the Board will be able to scrutinise it.'

What does this mean to say?

A - Progress with the implementation of the Action Plan has been assessed and as a result it has been updated.

This reviewed plan will be included on the agenda of the Trust’s Board meeting in December.

As such the four elected members on the Trust Board will be able to scrutinise and consider progress, ask questions of Trust and Council officers and offer an element of challenge or consent with the suggested future actions and timescales.


Q - How will the four elected Members on the Board scrutinise this report?

A - Please see response above.


Q - Once the four elected Members on the Board scrutinise it what will they then do?

A - I cannot respond to what the future actions of elected members may be.


Q - Once the four elected Members on the Board scrutinise it what action will they take?

A - I cannot respond to what the future actions of elected members may be.


Q - Once the four elected Members on the Board scrutinise it what is their responsibility to the Council regarding their scrutiny of the report?

A - Their role is to communicate decisions and matters of note to Council colleagues. This can be done through political group meetings.


Q - Once the four elected Members on the Board scrutinise it how will they report back to the Council regarding the results of their scrutiny of the report?

A - The Convener, who is also a Trustee of ERCLT, makes regular statements to Council on the performance of the Trust.


Q - Please give details of how, when and where this is done.

A - These statements are made at Full Council meetings.

The Director of Education has still to answer these questions -


Q - Sorry, in your reply you raise further issues that give rise to great concern and I would appreciate further clarification on the specific points below.

As you are aware -

'Councillors who are members of East Renfrewshire Culture & Leisure Trust
Board -

Councillor Paul O’Kane
Councillor Colm Merrick
Councillor Barbara Grant
Councillor Danny Devlin

Company law demands that -

‘all board members must place the interest of the trust before that of the Local Authority, including Councillors and officers.’

'Although councillors can and will be on the board, the law is clear that they are there in a private capacity and not present to reflect the needs of the council.''


Q - You say -

'As such the four elected members on the Trust Board will be able to scrutinise and consider progress, ask questions of Trust and Council officers and offer an element of challenge or consent with the suggested future actions and timescales.'

Please confirm you have no authority to make this actually happen - The four elected members on the Trust Board are there in a private capacity and not present to reflect the needs of the council - Therefore, they can do as they please.


Q - You say - 'ask questions of Trust and Council officers'

If you check the ERCLT Board minutes you will note that Cllrs Merrick, O'Kane, Grant and Devlin are not noted for asking questions or making contributions to these Board meetings.

Q - Who are these Council Officers?

Q - Where will the four elected members on the Trust Board and there in a private capacity ask questions of Council officers ?

Q - How will the four elected members on the Trust Board and there in a private capacity ask questions of Council officers ?

Q - Where/how will these questions be recorded?

Q - Where/how will the answers to these questions be recorded?


Q -You say - 'Their role is to communicate decisions and matters of note to Council colleagues. This can be done through political group meetings.'

Please give details of where this particular role is documented.

Q - I do not belong to any political party, nor do I represent any other political organisation, or any other organisation, group or person but you appear to be knowledgeable regarding Cllrs Merrick, O'Kane, Grant and Devlin's Council colleagues and Political groups -

As you have raised the subject of Cllrs Devlin, Merrick, Grant and O'Kane's Council colleagues and their political group meetings would appreciate if you give the following details to clarify your statement -

Please give the names of these Council colleagues.

Please give details of these political group meetings

- What political groups?

- What political parties attend?

- Who are members of these political groups?

- Where are the meetings held?

- Who attends these meetings?

Q - Please confirm How? Where? When? Cllrs Merrick, O'Kane, Grant and Devlin will communicate these decisions and matters of note to my Councillor David MacDonald, who would appear not to be a member of a political group.

Q - You say - 'The Convener, who is also a Trustee of ERCLT, makes regular statements to Council on the performance of the Trust.'

Please confirm - The Convener is not a member of the Leisure Board Trust - Cllr Merrick is on the Trust Board and is there in a private capacity and not there as Convener and not present to reflect the needs of the council.


Q - As Cllr Merrick attends the ERCLT Board meetings in a private capacity -

Who compiles the statements that the Convener makes at Full Council meetings?

Who supplies the information for the statements that the Convener makes at Full Council meetings?