Welsh Tory councillor ‘made irregular applications for business grants during Covid’

Martin Shipton

A Tory councillor committed multiple breaches of the local government code of conduct in making irregular applications for business grants during the Covid period, according to the Public Services Ombudsman for Wales.

A report by Ombudsman Michelle Morris about the conduct of Vale of Glamorgan councillor Vince Driscoll is due to be considered by the authority’s standards committee on Monday July 29.

In it, Ms Morris sets out a list of undisputed facts:

Business Grants

* Thirteen applications for Coronavirus Business Grants were submitted in relation to 50 Holton Road [Barry]. Six of the applications made in relation to 50 Holton Road were approved. Seven of those applications were declined. Two applications were made by Cllr Driscoll. One application was made by Cllr Driscoll’s wife for Office 5 Holton Road. Cllr Driscoll’s two Coronavirus Business Grant applications for Office 6, 50 Holton Road and for the baguette shop at 50 Holton Road were declined.

* 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 put in the applications and the information that the council had.

* The council’s NNDR Department referred its concerns to the council’s internal audit team who investigated the applications submitted by Cllr Driscoll.

* The council’s internal audit team set out their findings in the internal audit report and concluded that Cllr Driscoll had not provided the council with accurate information; Cllr Discoll attempted to gain grant funding in relation to 50C Holton Road and Office 6, Holton Road; Cllr Driscoll had used his council email address when contacting officers of the council in respect of his own business interests; Cllr Driscoll submitted two claims for Coronavirus Business Grant for offices in 50 Holton Road 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 U@nit 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; Cllr Driscoll failed to declare that he had set up a baguette shop at 50C Holton Road; Cllr Driscoll failed to declare an interest in Unit 5, Biglis House.

* 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.”

Concerning

In her conclusions, the Ombudsman stated: “The burden of standards of proof in relation to breaches of the Code under the ethical standards framework is ‘on the balance of probabilities’. I consider that the serious and concerning findings of the internal audit report give rise to concerns about Cllr Driscoll’s conduct which appears to have been contrary to the principles which govern the conduct of members, which required Cllr Driscoll to act with selflessness, honesty, integrity and in the public interest.

“As such, 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 [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 denies that he broke the Local Government Code of Conduct and says he will be vigorously defending himself.

It’s not the first time he has been in trouble with the authorities.

In 2005 Cllr Driscoll 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.

In 2016 Cllr Driscoll was suspended from Dinas Powys Community Council for a month after carrying out building works on his home in the village without planning permission.