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04 October 2006
No action over FitzPatrick offer
The Electoral Commission is to take no action over the offer by the SNP’s Joe FitzPatrick to donate his £10,000 council severance payment to local causes and charity. However, his Labour rival Councillor Jill Shimi today said she may not let the matter rest there, writes Brian Smith and Brian Allison, local government reporter.
The row started after Councillor FitzPatrick’s replied to a Tele reader’s letter saying he would make the donations if elected to the Scottish Parliament.

Councillor Shimi, who has been selected to defend the Dundee West seat, reported this to the commission.

The leader of the administration on Dundee City Council, argued the proposed donation should be included as an election expense.

In a brief formal response, the commission said, “We are of the view the donation, if made, would not constitute an election expense, given it would not be expended in the course of the regulation period of the election.”

Councillor Shimi also asked if any offence had been committed by making the offer.

The commission replied, “You also sought advice as to whether any offence such as bribery or ‘treating’ would be committed, or whether this matter should be reported to the police or Procurator Fiscal. Such matters do not fall within the remit of the commission. It is for you to consider whether this matter should go to other authorities.”

Councillor Shimi said she was taking advice on whether to take the matter further.

“This is still an issue for me — an issue of principle. I can’t see how offering an inducement for votes can be justified.

“The commission has replied quickly, and I am grateful for that because it was important to get their response as a matter of urgency. The commission feels this is not a matter for it and I now have to consider the details of the response and whether to take this further.

“In the meantime, I challenge Mr FitzPatrick to give up his severance payment, regardless of winning or losing.”

Mr FitzPatrick said, “On the first question, the commission have vindicated me entirely. On the second, they have issued a very terse statement to Mrs Shimi and refused to back her allegation. I thank them for a speedy resolution.”

Mrs Shimi has said she will not be taking the £15,000 to which she is entitled as a retiring councillor because it means giving up the right to stand for election to a council again.

“The money I am due is staying within the public purse,” she said.

* Yesterday a Tele phone poll by a majority of 454 to 19 said that Councillor Shimi was wrong to take the matter to the Electoral Commission. We had also invited and published readers’ letters on the issue and there are more today — see Letters on this website.