A COUNCILLOR censured for breaching the Councillors’ Code of Conduct has questioned whether an expensive two-day hearing into his actions was really necessary.

Musselburgh West SNP councillor Fraser McAllister had identified his non-financial interest as a member of the Hollies Day Centre Management Committee in his register of interests.

The day centre, on Musselburgh High Street, had submitted a funding application to the town’s Common Good Fund for £3,000 to refurbish toilets.

When the matter was discussed by town councillors in a March 2013 meeting, Mr McAllister declared a non-financial interest and remained in the room.

But when the topic was again addressed at a August 9, 2013 meeting, he failed to declare the non-financial interest, remained in the room and participated in the vote to grant the award.

The matter was then reported to the Standards Commission for Scotland and a two-day hearing was held in Haddington last week.

The hearing panel ruled that, having registered this non-financial interest relating to the Hollies, the councillor should have complied with the requirements of the Councillors’ Code of Conduct.

That states that Mr McAllister should have considered the ‘objective test’ and taken no further part in discussions on the issue.

The objective test is “whether a member of the public, with knowledge of the relevant facts would reasonably regard the interest as so significant that it is likely to prejudice your discussion or decision making in your role as a councillor”.

Julie Ward, chairwoman of the hearing panel, announced the verdict last Thursday afternoon.

She acknowledged that Mr McAllister, elected in 2012, was “a relatively new councillor” and said: “The hearing panel accepts that Councillor McAllister sought advice and that the breach of the Code may not have been intentional.

“The panel, however, stressed that it is the personal responsibility of every councillor to comply with the Code of Conduct’.” After the meeting, Mr McAllister was in no mood to apologise and told the Courier: “Readers will be astonished to learn that this matter is not about some councillor scandal but it’s about an extra £3,000 towards refurbished toilets at much-loved local charity, the Hollies Day Centre.

“East Lothian Council owns the Hollies building and part-pays for the services, upon which older people in Musselburgh depend.” He added that SNP councillors were attempting to make the Musselburgh Common Good Committee more transparent by meeting in the town and making the public aware of how the money was spent.

Mr McAllister said: “No doubt taxpayers will also be saddened to learn that the cost of the investigation and two day hearing will have been more than the amount of money given to support a local group!  “As a local SNP councillor, I am proud to declare my support for local charitable enterprises such as the Hollies and this will not change because when everyone benefits, the Common Good is served.” Councillor Stuart Currie, SNP Group Leader, backed his Musselburgh colleague.

He added: “SNP councillors will continue to make the Common Good funds open and transparent and continue to support local groups and organisations that do so much for our town.

“The millions of pounds in funds and assets of the Common Good are there to be used to support our community and the town. Nothing less will do.” A spokeswoman for East Lothian Council said: “This matter has been fully investigated through the appropriate channels and we note the decision of the Standards Commission for Scotland. We await the written report from the Standards Commission in order that we can consider whether there is any action that the council requires to take regarding further training or advice for councillors.” The Hollies still received the £3,000 for its toilets.