Questions and answers on the hearing process

What are the hearing proceedings and protocols?
Why is this hearing being held?
How long will the hearing last?
What will the Commission ask about?
What are the audit conclusions that have led to this hearing?
Has such a hearing been held before?
Why is it being held at The Town Hall in Shetland?
How can members of the public arrange to attend?
Are there restrictions on who can speak at the hearing?
How else can people submit evidence to the Commission?
Will there be a defined structure to the proceedings?
Will a transcript of the hearing be available afterwards?
What will happen next?
Can the Commission impose sanctions on anyone?

1. What are the hearing proceedings and protocols?

A hearing is a formal process organised and led by the Accounts Commission for Scotland. Its primary purpose is to assist the Commission to make findings by listening to appropriate evidence, including hearing from the Audit Scotland team and also representatives of Shetland Islands Council. Witnesses will be selected and notified in advance by the Accounts Commission.

At the hearing the Accounts Commission will be represented by a panel of Commission members. The hearing will be led by John Baillie, Chair of the Accounts Commission, and the other members taking part are Douglas Sinclair (Deputy Chair), Christine May, Bill McQueen and Graham Sharp.

2. Why is this hearing being held?

The Commission decided to hold a hearing when it met on 13 May 2010 to consider the Controller of Audit’s report on issues at Shetland Islands Council. The decision to hold a hearing was taken in light of the concerns highlighted in the report. The Commission wishes to hear first hand from representatives of Shetland Islands Council to gain a greater understanding of the council’s situation, and from other interested parties.

3. How long will the hearing last?

It is envisaged that the event will last for a full day - until approximately 5pm - on both Monday 28 and Tuesday 29 June. There will be a short lunch break on each day.

4. What will the Commission ask about?

The purpose of the hearing is for the Accounts Commission to hear more evidence in order to further consider the issues raised in the Controller of Audit report. The Commission members will ask questions to help them explore these issues.

5. What are the audit conclusions that have led to this hearing?

In December 2009, the Accounts Commission considered issues arising from the audit of the council’s 2008-09 accounts. Serious concerns were raised and the Commission asked for further audit work and a report on this. At the time John Baillie, Chair of the Accounts Commission, said:

“Shetland Islands Council’s accounts have been qualified for the fourth year in a row. This is serious in itself, but even more concerning given that the qualifications may be symptoms of deeper problems at the Council. Bearing in mind the council’s duties to deliver Best Value to local people we have decided to seek further evidence from Audit Scotland on how the council is being run.”

The Controller of Audit published her report in May 2010. This was based on audit work carried out recently which focused on how the council was being run and arrangements made for the departure of the council’s former chief executive earlier this year. The Commission considered and accepted the Controller of Audit’s report and decided to hold a public hearing. At this point John Baillie, Chair of the Accounts Commission, said:

“The Commission is particularly interested to hear first hand from the Council and other relevant parties to gather further evidence and understand better the council’s situation.”

The council's annual audit reports and Best Value audit reports and Commission findings also provide further evidence of how the council is being run.

6. Has such a hearing been held before?

Hearings are unusual. The last one was at Aberdeen City in May 2008 and there was also one at West Dunbartonshire Council in 2006. These were the first two hearings held where the Commission was able to take councils’ duties to provide Best Value into consideration. (As the legislation dates from 2003). The last hearing before that was held in 2000. However the circumstances of each council are unique and considered on that basis.

7. Why is it being held at The Town Hall in Shetland?

Because this primarily concerns people on Shetland, the Commission wanted to hold the hearing at a public venue in the area.

8. How can members of the public arrange to attend?

The hearing is a public event and members of the public, and media, are welcome to attend, subject to seating capacity. Members of the public can turn up at The Main Hall of the Town Hall in Lerwick on 28 & 29 June. There are no tickets or reservations. The hearing will begin at 10am on both days of the hearing, but people may wish to arrive earlier in order to ensure that they get a seat. Members of the public or media are not obliged to attend for the whole of each day, and can attend at any time, subject to seating capacity.
Media contacts should notify Anne McCubbin of their intention to attend and arrangements will be made for them.

9. Are there restrictions on who can speak at the hearing?

The Commission expects a lot of interest in this hearing, and so must make best use of the two days that it has set aside for the hearing. The Commission will therefore decide those from whom it wishes to hear evidence in person. The Commission will write to them requesting them to appear.

10. How else can people submit evidence to the Commission?

The Commission welcomes submissions from anyone in relation to the issues being considered at the hearing. Instructions on how this can be done can be found on this website. The Commission will publish all of these submissions on this website one week in advance of the hearing.

11. Will there be a defined structure to the proceedings?

The procedure for this hearing is decided by the Commission. At the beginning of the hearing the Chair will explain its purpose and the order of procedure. The hearing will be conducted by Commission members asking questions of the witnesses. Witnesses will not be questioning each other. The Commission intends to hear all evidence in public.

12. Will a transcript of the hearing be available afterwards?

Yes, a transcript of the hearing proceedings will be published on the website when available. It is anticipated that this will be between one and two weeks after the hearing.

13. What will happen next?

Following the hearing the Commission will adjourn to consider its findings.
Once they have been agreed, the Commission will then publish its findings and will issue a press release to announce the publication of the findings. The Commission will be able to give an indication of the likely timings for this once the hearing has taken place.

The findings may include recommendations to the Council and to Scottish Ministers. Shetland Islands Council will then be obliged to consider those findings at a meeting of the authority within three months of receiving them.

14. Can the Commission impose sanctions on anyone?

The responsibility of auditors is to consider the operation of a council as a whole, examining and assessing factors which are likely to influence the ability of a council to fulfil its obligations to its local citizens.

The Commission’s aim in holding this hearing is to find out more about the situation at Shetland Islands Council and consider how the council can ensure that it acts in the best interests of the people of the Shetland Islands.
A ‘’special report’ by the Controller of Audit is one which considers specific allegations of blame or failures, negligence or misconduct by members or officers of a council. The Controller of Audit’s report which led to the Commission deciding to hold this hearing was not a ‘special report’. The Commission is not, therefore, considering a situation in which it can impose sanctions against any particular member or officer.

Any specific issues about individuals are subject to separate processes, such as those of the Standards Commission in respect of any issues relating to the Code of Conduct for councillors.