Perth and Kinross Council has received confirmation that no extra legal sanctions can be applied to a councillor fined in court for election fraud.
Councillor Ian Miller, leader of the council, told The Courier he now had legal clarification that no action could be taken against Councillor Alan Jack, who was fined £450 at Perth Sheriff Court for exceeding the limit of election expenses between March 22 and May 26 last year.
Mr Jack’s political future looked uncertain following the court case earlier this month but it appears he is set to carry on as one of the representatives for the Almond and Earn ward.
Mr Miller said the legal opinion confirmed his “fear” that there is “nothing in the legislation” to allow for any sanctions.
“If this had happened in England, he (Jack) would have been automatically disqualified as a councillor, as the law intended,” he said.
“However, there is apparently no provision for this in the Scottish version of the Representation of the People Act.
“This undoubtedly creates a very worrying precedent and could lead to wholesale abuse of election expenses at the next local government election.”
He continued: “The limits on spending are designed to ensure that there is a level playing field for all candidates. That may not be the case in future as it seems that candidates can now ‘buy’ their seat, which brings a salary of over £16,000 per year, and then face a fine of only £400 with no further sanction. This seems ridiculous to me.”
Mr Miller added: “I call on Mr Jack to resign his seat forthwith, in line with the clear intention of the Representation of the People Act, to avoid further controversy and to maintain the standards expected of all councillors.”
When contacted by The Courier, Mr Jack said the matter was “done and dusted” and he did not wish to comment further.