CC against Social Security Scotland Councillor Gerry McGarvey against The Standards Commission for Scotland (Sheriff Court Civil) [2024] SCSTII 41 (17 October 2024)

CC against Social Security Scotland Councillor Gerry McGarvey against The Standards Commission for Scotland (Sheriff Court Civil) [2024] SCSTII 41 (17 October 2024)

The court held that the Standards Commission had properly considered the seriousness of the conduct, the available sanctions, and the consequences of suspension, including disqualification from public boards. The Commission's reasoning was not flawed, and the sanction of one month's suspension was not plainly wrong, manifestly inappropriate, excessive, or disproportionate. The statutory consequences of suspension, including disqualification, were matters of legislative intent and not for the tribunal or court to circumvent. Accordingly, there was no basis to interfere with the sanction imposed.

Citation
[2024] SCSTII 41
Parties
Pursuer: Councillor Gerry McGarvey; Defender: The Standards Commission for Scotland
Jurisdiction
Scotland
Judgment Date
17 October 2024
Procedural Posture
Summary Application Under Section 22 of the Ethical Standards in Public Life Etc (scotland) Act 2000 / Appeal Against Sanction Imposed by Standards Commission
Outcome
Application dismissed; sanction of suspension upheld.
Legal Topics
Ethical Standards in Public Life, Sanctions for Breach of Code of Conduct, Judicial Review of Disciplinary Sanctions, Disqualification From Public Bodies
Administrative Law Public Law Local Government Law Ethical Standards in Public Life Sanctions for Breach of Code of Conduct Judicial Review of Disciplinary Sanctions Disqualification From Public Bodies

Case Brief

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Parties

Councillor Gerry McGarvey

Pursuer

The Standards Commission for Scotland

Defender

Procedural Posture

Summary Application Under Section 22 of the Ethical Standards in Public Life Etc (scotland) Act 2000 / Appeal Against Sanction Imposed by Standards Commission

Legal Issues

  1. 1 Whether the sanction of suspension imposed by the Standards Commission was excessive, unreasonable, or disproportionate
  2. 2 Whether the Commission failed to consider relevant factors, including the consequences of suspension and alternative sanctions

Ratio Decidendi

The court held that the Standards Commission had properly considered the seriousness of the conduct, the available sanctions, and the consequences of suspension, including disqualification from public boards. The Commission's reasoning was not flawed, and the sanction of one month's suspension was not plainly wrong, manifestly inappropriate, excessive, or disproportionate. The statutory consequences of suspension, including disqualification, were matters of legislative intent and not for the tribunal or court to circumvent. Accordingly, there was no basis to interfere with the sanction imposed.

Court Disposition

Application dismissed; sanction of suspension upheld.

Orders

  • Defender's second plea in law sustained.
  • Pursuer's pleas in law repelled.