Tory councillor suspended for three months following grants probe

Martin Shipton

A Tory councillor who used his council email address to make applications for business grants and failed to declare that he was the owner of properties has been suspended from office for three months.

Members of Vale of Glamorgan council’s standards committee decided it was appropriate to impose a suspension on Cllr Vince Driscoll, who represents Dinas Powys, because he had been suspended in a previous case for failing to declare an interest.

A report from Public Services Ombudsman for Wales Michelle Morris said the council’s NNDR (National Non-Domestic Rates) Department became concerned at the grant applications submitted by Cllr Driscoll due to the inconsistencies in information and differentiation between the information Cllr Driscoll had inappropriately used his council email address when contacting officers of the council in respect of his own business interests.

Coronavirus Business Grant

Cllr Driscoll submitted two claims for Coronavirus Business Grant for offices in 50 Holton Road, Barry, but the details on the application forms contradicted the details previously provided by Cllr Driscoll; Cllr Driscoll failed to update the NNDR Department that the tenant in 50C Holton Road had vacated the property at which point he would have become liable for property business rates; with regard to Unit 5, Buiglis House, the documentary evidence contradicted the information provided by Cllr Driscoll about the property.

The actions of Cllr Driscoll resulted in an application for a Coronavirus Business Grant, submitted by another eligible business, being rejected. Cllr Driscoll failed to declare an interest in a residential property which he was he was in receipt of housing benefit for (3 Lombard Street, Barry) as landlord. He also failed to declare that he had set up a baguette shop at 50C Holton Road and had an interest in Unit 5, Biglis House.

Cllr Driscoll’s business grant applications were rejected.

The Welsh Government Fraud Office (WGFO) investigated the applications submitted by Cllr Driscoll.

The WGFO did not take any further action. The head of the Welsh Government’s fraud department confirmed that the rationale for the decision reached on the investigation was that although the public interest test was met, and it was believed that there was evidence of false representation on the part of Cllr Driscoll, dishonest intent ‘beyond any doubt’ had not been proven.”

Public confidence

In her conclusions, the Ombudsman stated: “I consider that Cllr Driscoll’s actions could seriously affect public confidence in the office of Member and are suggestive of a breach of paragraph 6(1)(a) of the Code of Conduct [which states: ‘You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute’].”

Cllr Driscoll has previously been in trouble with the authorities.

In 2005 he was director of The Fresh Bacon Company when it was fined £18,000 after health inspectors found a mouse and maggots on the floor of the company’s premises in Barry. He was also fined £4,000 in 2010 after pleading guilty to four hygiene offences at the business – including failing to keep food premises clean and in good condition.

Then in 2015 he was suspended for one month by Dinas Powys Community Council after allegations he was running dog boarding kennels without a licence from Vale of Glamorgan council and for misconduct over a planning matter.

Publicly minded

Cllr Driscoll’s barrister Joseph Broadway told the standards committee in mitigation: “It is worth highlighting that he is a particularly publicly minded man, and has been a holder of public office now for some 16 years.

“It’s of note that his previous appearance before a standards committee was some nine years ago and that since he has been an elected councillor at the Vale council he has not been before a standards committee for any other proceedings. I’d also highlight that he is an active member of the council and his community.

“He provided substantial assistance to a campaign relating to flooding in December 2020, organising over 100 volunteers to assist people affected by flooding just before Christmas. He often litter picks in his community and seeks to keep his community space clean of rubbish and he takes greater pride in the community that he helps represent.”

Explaining the committee’s decision to suspend Cllr Driscoll for three months, the standards committee’s independent chair Richard Hendicott said: “We’ve considered the matter carefully and we have come to the view that the appropriate penalty here is that you will be suspended for a period of three months.

“We thought some of these were fairly technical and fairly minor matters, but when we heard that you had previously been suspended – and especially for failing to disclose to the register of interests, so you’ve been through all this before, we thought it was only appropriate that any period of suspension had to exceed the previous period.”