A LOCAL councillor's family circumstances which led to him running up council tax arrears have been described as “tosh” by one of his colleagues.

As reported in last week's Advertiser, Lomond North representative Robert G. MacIntyre was coping with the aftermath of his daughter's death, and with the effects of his wife's illness, when he ran up arrears of more than £1,200 in both 2013 and 2014.

Cllr MacIntyre took part in setting Argyll and Bute Council's budget and council tax rates in both years – contravening the Local Government Finance Act by doing so.

Cllr MacIntyre told the Advertiser last week that he had not been told in advance of either meeting that he was breaking the law.

Police Scotland are now investigating the matter.

But it has now also been claimed that Cllr MacIntyre has not paid rent on the council-owned business premises he operates in Rosneath.

Helensburgh councillor Vivien Dance, who lives in Clynder, near Rosneath, said that new information had also been referred to Police Scotland.

Councillor MacIntyre was identified last month after repeated information requests by Dunoon councillor Michael Breslin.

Following the Advertiser's story last week, in which Cllr MacIntyre's situation was outlined, and defended, by his Helensburgh and Lomond colleague Ellen Morton, Cllr Breslin took to Twitter to say: “None of this tosh is excuse for not paying council tax. Complete mince from Ranter Morton.”

Contacted by the Advertiser for further comment, Cllr Breslin said: “I knew very little indeed of Robert's circumstances [before our story last week], but that is my view.

“I understand that people have different things that add pressure to them in their lives, but there were lots of things that Robert did manage to do in those two years – getting his pay, presumably putting in his claims for expenses.

“Life goes on and there are obligations we all have to meet.

“And it's not as though it was one year. It was two consecutive years, for four-figure sums.

“I already know that council officers routinely check the position on council tax arrears and alert councillors if there is a problem. “That is done, not immediately before the budget meeting each year, but a few weeks beforehand.

“My understanding is that Robert, contrary to what is quoted, was alerted in both years. That is a matter now for the police.

“It was put to me that council officers must have known two years ago at a minimum, but assuming that they did their normal thing they must have known some time before the budget meeting in February 2013.

“Why did it take until last week before they called the police?”

Cllr Breslin was the subject of two complaints by senior elected councillors and officials in 2015 and 2016 to the Commissioner for Ethical Standards in Public Life in Scotland, alleging a total of 30 breaches of the code of conduct for councillors.

As previously reported in the Advertiser, only one of those alleged breaches was upheld.

Cllr Breslin continued: “While I have sympathy for what happened to Robert, I don't see that it's got a direct connection to non-payment of council tax for two consecutive years.

“If there is [a connection], that is the basis of a plea in mitigation, if and when he is found guilty.

“I know it sounds a wee bit harsh, but you know what has happened to me over the last two years, and I got no support from Robert or anybody, so I'm seen to be taking a pretty hard line on this issue then I'm afraid that's too bad.

“The issue is clear in the code of conduct. It is reinforced in the guidance on the code of conduct. It is explicit in the council’s constitution.

“Even if none of the above was read by Robert, ignorance of the law is never an excuse.”

The freedom of information requests which eventually led to to Cllr MacIntyre being identified were made by his fellow Lomond North independent councillor, George Freeman.

But Cllr Freeman told the Advertiser he did not know Cllr MacIntyre was the one Argyll and Bute councillor in arrears until he was informed by an official from the local authority a few weeks ago.

Cllr Freeman said: “This goes back to October 2014 when a Sunday newspaper ran a report about councillors across Scotland being in arrears with their council tax.

“That report mentioned that five Argyll and Bute councillors were in arrears and that legal action had been taken against two independent councillors.

“That put me under suspicion along with others.

“Last year the council told us all about a court ruling in England which meant they could no longer withhold the identity of councillors who were in arrears with their council tax.

“I took that as an opportunity to prove I was not one of those councillors. But my freedom of information request was turned down, and I took it to the Scottish Information Commissioner.

“Then, totally out of the blue, an email came from a council officer two or three weeks ago identifying Robert.

“I received the email at 2.45pm on Monday, February 6.

“I was then given the opportunity by the Commissioner to withdraw my request or to ask for a decision. But given that it sets a precedent for all councils and councillors in Scotland, I saw it as essential that I asked for a decision.”

Councillor Freeman denied that his pursuit of the information was an an attack on Cllr MacIntyre.

He continued: “This wasn't getting at Robert. The was a general query, clearing my own name.

“I did not know whose names, if any names, would come out of the process. I only knew Robert was the councillor involved on the day the council emailed me.

“Many people knew about Robert's situation. I understand what Ellen Morton says, but a few people have said they're surprised and disappointed that this is being used to try and justify what he did.

“Everybody would sympathise with Robert. But that's a totally separate issue. For the last two and a half years I have been under suspicion, along with every other councillor, of having broken the law.

“Councillors are advised, and are well aware, of the rules on council tax. Officers have confirmed to me that they carry out a check, but the duty is with every individual councillor and it's difficult to accept that any councillor in Scotland is not aware of the rule.

“Did any officer sit there at those council budget meetings knowing full well that a councillor at that meeting was breaking the law? If so, it opens up a real can of worms to say the least.

Cllr Freeman also said the timing of Cllr MacIntyre's name being made public had nothing to do with the council elections which take place in two months' time.

“It first became an issue two and a half years ago,” he said, “and all councillors were told last year of the court ruling in England. It hasn't just happened just before the election – it's nothing to do with the election at all.”

In addition, Cllr Freeman drew our attention to paragraph 3.20 of the council's standing orders, which states: “The law makes specific provision that if a councillor is in two months' arrears with payment of council tax that councillor may not participate in certain decisions concerning council tax issues, in order to preserve public confidence that councillors are taking decisions in the general public interest.

“Whilst you are a member of the community, you are also a representative of that community and of the council to which you are elected. As there is potential for public perception of abuse of position and poor leadership, you must seek to avoid being in debt to the council.”

Responding to Cllr Breslin's Twitter comments, Cllr Ellen Morton told the Advertiser: “I don't care what he says about me – he can call me whatever he likes – but I'm absolutely horrified that anyone could describe somebody's daughter's suicide as 'tosh'.”

A Police Scotland spokesperson told the Advertiser: “"The matter has been passed to Police Scotland by Argyll and Bute Council for further investigation. Enquiries are at an early stage."

Cllr MacIntyre said: “I can't remember any time I was made aware of the requirements, and if I was made aware.

“If I've made a mistake I can only apologise and say I've learned my lesson and it won't happen again. If some people want to hang me out to dry just before an election, that's their choice.”

On the issue of unpaid rent on his council-owned business premises, Cllr MacIntyre said council officials had yet to find and show him a lease for the property confirming any unpaid sum.

He said: “I've been trying to buy the premises for more than five years, and I've reached an agreement with the council that I will pay them any sum owned, along with the purchase price, as soon as they show me the lease and conclude the missives.”