Public urged to protest, Scottish Councils told to use loopholes as Conservative-LibDem BEDROOM TAX set to evict thousands of Scots from their homes

ADVICE for landlords and Scotland’s local authorities on the looming start of the Conservative Coalition Government’s Bedroom Tax, viewed by many as a new Poll Tax which may well end up evicting thousands of families across Scotland from their present dwellings, has been issued by the Scottish Government to landlords and local authorities.

The advice to landlords is not to evict, and Councils are asked to use legal loopholes to avoid throwing tenants out of their homes. However, the advice is just that, advice, and only £2.5 million has been offered by the Scottish government for advice and support for victims of housing benefit cuts.

The figures are stark, with an estimated 105,000 working-age tenants in Scotland facing the wrath of the Tories Bedroom Tax meaning around 80% of the households who will suffer include at least one disabled adult. Tenants face having 14 per cent of their housing benefit stopped and those with two spare rooms will lose a quarter of their benefit – an average of £50 to £90 every month, courtesy of the ConDem Westminster Government.

While some Scottish councils have announced they will boycott David Cameron’s Bedroom Tax, it remains to be seen how many of Scotland’s 32 local authorities will defy the Scottish Government on this issue.

Advice issued by campaigners against the Bedroom Tax includes getting involved in protests across the country, and making sure your remaining Conservative and Liberal Democrat Councillors & politicians who are in Scotland, get the message. 

The Scottish Government’s Press Release : Advice for landlords on 'Bedroom Tax'

Landlords should consider all possible options and use all reasonable means to prevent evictions of housing tenants struggling to pay rent due to the bedroom tax, Housing Minister Margaret Burgess said today.

The Scottish Government has called for the UK Government’s under occupancy measures, that will cut housing benefit for those deemed to have a spare room, to be scrapped.

However, the policy remains set to come into force in April, and the Scottish Government has already made extra funding available to help provide advice and support for those who will lose out.

The Minister has now also written to landlords across Scotland to encourage them to consider the example of Dundee City Council, which is protecting tenants who genuinely cannot make up the shortfall in rent caused by the bedroom tax, which comes into force in April.

The Council has committed that, where the Director of Housing is satisfied that affected tenants are doing all that can be reasonably expected to in order to avoid falling into arrears, they will use all legitimate means to collect rent due, except eviction.

The letter also makes landlords aware that in certain circumstances it may be possible to reclassify rooms so they are not considered bedrooms. For example, this may help tenants who use an extra room to store equipment related to a disability and therefore do not use that room as a bedroom.

Mrs Burgess’ letter also:

* reiterates Scottish Government opposition to the introduction of the bedroom tax

* highlights Scottish Government action to help tenants

* points out the shortfall in discretionary housing payments provided by the Westminster to Scotland to help those affected by housing benefit changes

Mrs Burgess said: “I have made the Scottish Government’s opposition to the bedroom tax absolutely clear. Indeed, I put the case for it to be scrapped in the strongest terms to Lord Freud when we met in London. Sadly there appears to be indifference to this argument at Westminster, despite strong opposition from across Scotland. This will undoubtedly be leaving tenants, some of whom could lose a quarter of their housing benefit in April, seriously worried.

“That is why we have made an extra £2.5 million available to social landlords to ensure people affected by housing benefits changes have the advice and support they need. That is on top of the £5.4 million we have already provided to advice services to help those affected by benefit reforms.

“I have now written to landlords to encourage them to look sympathetically on tenants affected. We already have strong safeguards in place to ensure eviction is an absolute last resort. While we do not want to see tenants run up debts they cannot pay, it is important, in what will be challenging times, that extra consideration is given to people who are having housing benefit taken away.

“Dundee City Council has taken innovative action on this, clarifying that, where tenants are doing all that can be reasonably expected in order to avoid falling into arrears, they will use all legitimate means to collect rent due, except eviction. I know other councils are also working towards a similar position and I hope landlords across Scotland can follow this example.

“There are also circumstances where a bedroom’s classification may be changed and tenants not penalised.  Again, I would encourage landlords to consider this possibility and work with their local authority if at all possible. But we simply cannot mitigate all the negative impacts of welfare reform or the bedroom tax.

“This illustrates that rather than simply trying to cushion the blows in Scotland, we need the powers of independence to cut them off at source. It would be far better to control benefits and welfare so unfair policies like the bedroom tax are not even considered, let alone implemented.”

Text from the letter includes:

“The bedroom tax also takes no account of circumstances in Scotland.  Of the estimated 105,000 households in Scotland which  will be affected by the penalty, around 78,000 would need to move to one bedroom accommodation in order to avoid the penalty.  Last year there were also 23,000 homeless applications which would require one bedroom accommodation under DWP’s criteria.  However there are only around 20,000 social lets of one bedroom properties each year.”

On DHPs:

"The Department for Work and Pension’s answer to this is in Discretionary Housing Payments (DHPs).  However, this is inadequate in Scotland.  By DWP’s own analysis, London and Scotland will have the same number of people affected by the bedroom tax.  However, London is set to receive £56m in DHPs while Scotland will receive £10m. This is just  6.5% of the total DHP allocation for next year despite having 16% of the total number of people due to be affected by the bedroom tax in Great Britain."

On reclassification of bedrooms:

“I would also like to make you aware of flexibility that exists to classify bedrooms in your properties for the purpose of housing benefit.  A process of reclassification is available, on a variety of grounds, for properties where circumstances change.  For example, where a tenant requires an extra room to store equipment if he or she is disabled and therefore cannot use that room as a bedroom.  The process is one that DWP leave up to the consideration of landlords and Local Authorities and involves landlords contacting their local authority Housing Benefit section to inform them of the change of classification.”

On tenants and landlords:

“We all agree that evictions are seen as a last resort.  While we absolutely do not want to see tenants run up debts they cannot pay, or see landlords left out of pocket, this will be a very difficult time, when those who lose out will benefit from extra support and understanding.  We have already provided additional protection for tenants through Pre Action Requirements.

“You may wish to be aware of the policy adopted by Dundee City Council which I believe provides a useful template to protect tenants who genuinely cannot make up the shortfall in rent caused by the bedroom tax.  The Council has committed that, where the Director of Housing is satisfied that affected tenants are doing all that can be reasonably expected to in order to avoid falling into arrears, they will use all legitimate means to collect rent due, except eviction.  I would encourage you to consider this as a mechanism to protect the most vulnerable of your tenants.”

Borders Tory MSP attacks SNP-Libdem deal to run scandal tainted Scottish Borders Council, claims nationalists ‘will use platform to tear up UK’

SNP led coalition to run the Scottish Borders is attacked by local Tory MSP. WHILE many Borderers and those further afield WELCOME the formation of a new administration at Scottish Borders Council which will now be run via a coalition between the Scottish National Party (SNP), the Scottish Liberal Democrats & Independent Councillors, John Lamont, the Scottish Conservative MSP for Roxburgh & Berwickshire has attacked the coalition deal, alleging the new SNP dominated administration will use their position in the Borders as “a mouthpiece for separation from the UK”. Mr Lamont also blasted the LibDems, Independents & the now dissolved “Borders Party” for “propping up the SNP.”

John Lamont MSP (Scottish Conservative, Roxburgh & Berwickshire) Responding to the announcement of the new administration at Scottish Borders Council, local MSP for the area, John Lamont said in a Press Release issued yesterday : “I’d like to firstly pay tribute to the work achieved by the previous Scottish Conservative led Council administration. Under our councillors’ steady hand we saw finances kept in check, three new high schools built and a fivefold increase in recycling rates. There can be no doubting that this new administration has big shoes to fill.

However, Mr Lamont quickly moved to attack the deal giving power to the SNP, and accused the Conservatives former LibDem coalition partners for giving the Nationalists a platform to break up the union.

Mr Lamont continued : “It is important that they do not undo the great work done by their predecessors, and that they do not use the Council as a mouthpiece for separation from the UK. By falling in behind the SNP, the Lib Dems, Independents and Borders Party have given the Nationalists a platform to promote their agenda to tear the United Kingdom apart.

“The people of the Borders will not accept this, and I am sure a lot of those who voted for the Lib Dems and the Borders Party will be dismayed by the shoddy deal they have struck with the SNP. I know that many supporters of the Borders Party find it incredible that their councillors have disbanded themselves, joined the Independent Group under a new leader and then jumped into bed with the SNP, all within one week!

“The SNP’s sole political aim is to separate us from the rest of the UK. It would be naïve to think that the SNP will not now use the Council as a way to promote their plans to break up Britain.”

John Lamont MSP added: “The upcoming referendum is the biggest decision Scotland has had to make in 300 years. I am determined to keep Scotland in the UK, and like many voters, I will be keeping a close eye on this SNP led administration to make sure that they do not use the Scottish Borders Council to promote their separatist agenda.”

No reaction to Mr Lamont’s accusations has been issued by any of the other parties in the new coalition at Scottish Borders Council, however an openness campaigner in the Borders welcomed the change at Scottish Borders Council, voicing hope the new nationalist led administration would “clean up the endemic corruption at Scottish Borders Council and make sure citizens of the Borders were treated with a bit more respect from Council staff & officials who appear to pursue personal vendettas against members of the public.”

Commenting on the change of administration, an insider agreed it was time for change at SBC and said he hoped there would now be investigations launched by the new administration into the Council’s poor handling of its finances, which include millions of pounds of losses in now bankrupt Icelandic Banks.

He also called for a full inquiry and investigation into recent claims in local newspapers that the current leader of the Council, David Parker, authorised Press Releases containing false information regarding the controversial departure of SBC Chief Executive David Hume and speculation over how much of a taxpayer funded payoff Mr Hume received. The murky incident of Mr Hume’s departure was reported HERE and more recently HERE

SCOTTISH BORDERS COUNCIL : THE TORY LIBDEM YEARS LAID BARE

Since 2002, a multitude of scandals have hit Scottish Borders Council, from poor financial management to massive multi million pound losses in bankrupt Icelandic Banks, allegations of bullying, massive debts reported to be in the hundreds of millions of pounds, individuals councillors charged with criminal offences while other councillors pursued personal vendettas against members of the public, and more recently, scandals involving the sacking of it’s very own Chief Executive, David Hume, all of which can be found HERE

Scottish Borders Council hit the headlines with revelations of huge salaries, expenses & more, here : Reasons your Scottish Borders Council tax is so high : 15 Councillors soak up £1/2 million, Officials & Chief Exec on £100K plus & golden pensions & MONEY TO BURN : Millions lost in Icelandic banks yet 34 Scottish Borders Councillors soak up another million in salaries & expenses claims

More on the Icelandic Bank-SBC scandal can be read here : “Akin to Money Laundering” : Tory-LibDem Scottish Borders Council ‘played Russian Roulette’ with taxpayers £172 million in bankrupt Icelandic Banks

Scottish Law Reporter also reported on the calls for a full investigation of Scottish Borders Council during November 2010 where it was revealed by the former Scotsman journalist Mr Chisholm who carried out his own investigation of SBC’s Icelandic finance deals, that Audit Scotland had been asked to investigate claims Scottish Borders Council acted negligently & recklessly in investing a staggering £10 million pounds of taxpayers money in the now collapsed Icelandic banks. The Council, which is now cutting posts & public services across the Borders is expected to lose more than £3 million pounds on its investment and that the final payment (if indeed any payments are made) of its expected return is not due until October, 2018.

Queen’s Speech 2012 : Even Independent Scotland’s internet & email will be spied on by UK Government online surveillance laws

THE Queen’s speech for 2012 has revealed the range of internet snooping laws and intrusions into daily live of all UK citizens which are to be brought into law by the increasingly hated Conservative-LibDem coalition Government at Westminster.

While some claim the spying charter for prying into the every day lives of everyone who lives in, visits for business or holidays in or even flies over the UK & uses UK based internet servers, will have safeguards from the engathered information being misused, most believe the plans, which an earlier Labour Government had to abandon after criticisms from the Conservatives, are measures now being boosted by the current UK ConDem Government to tackle dissent and protest against unpopular Government policies.

A Civil Rights campaigner speaking to Scottish Law Reporters branded the new spying powers as ‘draconian’. He also alleged the latest moves on internet spying were being put in place to legitimise the highly secretive & already stiff surveillance techniques used by the UK Government on all internet & email users.

An insider has tipped off the media over plans to retain surveillance data on “persons of interest” for an indefinite period, although how a person is defined as “a person of interest” appears to be left to the imagination of anyone with access to spying powers. “Persons of interest” currently include campaigners, those who write to their elected politicians, people in trouble with the Police, journalists, some doctors, scientists, people with a public profile and politicians who are not considered to act in the interests of the current Government.

Interestingly, web surveillance of foreign visitors to the UK is to be referred to in a case in the US Courts later this year, where an American businessman is to allege “commercial secrets from his firm’s email accounts were hacked & passed by a UK Government agency” to a competitor company in the UK.

GCHQ will of course, also be able to monitor all internet & email traffic in Scotland. It is thought the legislation will also be used in an attempt to clamp down on independence activists who campaign for an independent Scotland.

Queen's Speech: Internet monitoring plan to have 'strict safeguards'

Plans to make it easier for the police and intelligence agencies to monitor e-mails, phone calls and internet use have been unveiled, but with promises of "strict safeguards". The Draft Communications Bill would update existing procedures for allowing access to "vital" information. This includes phone numbers and e-mail addresses but not content of messages. Civil liberties groups said they were dismayed by the plan, which they described as a "snooper's charter". The issue has caused friction within the coalition amid criticism from some Lib Dem and Conservative MPs.

The government argues the law needs to keep pace with technological changes and enable the security services to confront changing threats to the UK. The proposed UK-wide legislation, which has been published in draft form, would seek to "maintain the ability" of the authorities "to access vital communications data under strict safeguards to protect the public". It would update the rules governing how information can be collected and retained by mobile and internet firms in a "lawful and efficient" manner and ensure it "remains available" to the authorities to protect the public.

At the moment basic information can be accessed by police, intelligence agencies or other public bodies without any external authorisation - simply by a senior official within the organisation signing the request off.

But security experts say existing laws date back to 2000 and they are not equipped to cover social media, Skype and other methods of communication. Ministers are stressing that the police and other bodies will not be allowed to look at the content of e-mails or text messages without a warrant, as is the case now.

Instead, access would be limited - as now - to details of when conversations took place, for how long and where someone was when they made a call. However, the police would be able to see which websites someone had visited.

The government have outlined a number of safeguards which they hope will allay fears about the plans. They include:
A 12-month limit on how long data can be retained
Measures to prevent unauthorised access
Strengthening independent oversight
Boosting the role of tribunals to consider complaints

But campaign group Liberty said the proposals threatened individual privacy and suggested the coalition had gone back on a pledge on coming to office to end the storage of web and e-mail records "without good reason".

"Two years ago, the coalition bound itself together with promises and action to protect our rights and freedoms," said its director Shami Chakrabarti.

"As the strains of governing in a recession begin to show, politicians of all parties should remember the values we are all supposed to share."

And former shadow home secretary David Davis, a frequent critic of the extension of state powers, said the proposals would be costly to implement and were "very similar" to the last Labour government's plans for a communications database dropped following Tory opposition.

He told MPs it would be "pretty straightforward" for terrorists to avoid scrutiny under the plans by using proxy servers and multiple phones. "We will create something which will not be effective against terrorism but which will be a general purpose surveillance on the entire nation."

The proposals sparked a row when they were first floated in April, with critics describing them as a "Big Brother" move.

Newspaper reports suggested GCHQ, the government's listening agency, would be authorised to monitor internet traffic in "real time" using so-called "black box" technology.

A spokesman for the Information Commissioner Christopher Graham said the "case for this proposal still has to be made". "We shall expect to see strong and convincing safeguards and limitations to accompany the bill," he said in a statement.

Prime Minister David Cameron has said any gaps in security must be plugged and it is the government's responsibility to do everything they can to keep the country safe. And the plans were backed by Conservative MP Bob Stewart who said granting access to such information would be justified if it "saved lives".

And Lib Dem MP Martin Horwood said it should be possible to "strike a perfectly good balance" between protecting traditional freedoms and applying the principles of existing legislation to new technology to "prevent our security services falling behind".

Hundreds of Scots DEAD as FOI reveals thousands die in UK as a result of Tory-Libdem benefits ‘tests’ by ATOS Healthcare

OVER ONE THOUSAND PEOPLE HAVE DIED as a direct result of ‘reforms’ to benefits payouts ordered by the Conservative Liberal-Democrat Coalition Government in Westminster, with likely to be HUNDREDS OF SCOTS also among the dead, according to information published by the media after Freedom of Information responses revealed over 32 people are dying a week after having passed through work capability assessments carried out by by private firm ATOS, on a £100million a year contract to the ConDem coalition Westminster Government. ATOS made a £42million profit in 2010 and paid boss Keith Wilman £800,000, a 22% pay rise on the previous year.

With the revelations of the numbers of dead, Scots may now be entitled to ask – “Would a Scottish Government of an Independent Scotland hire a French based firm for £100million a year to do the same to Scots citizens and cause as many deaths ?” (errm No ! - Ed)

The Daily Mirror newspaper reports :

32 die a week after failing test for new incapacity benefit

More than a thousand ­sickness benefit claimants died last year after being told to get a job, we can reveal. We've highlighted worries about the controversial medical tests for people claiming Employment Support Allowance which are being used to slash the country's welfare bill. The Government has boasted that more than half of new ­claimants are found "fit to work" - failing to mention that over 300,000 have appealed the decision and almost 40% have won. Instead, employment minister Chris Grayling says this ­"emphasises what a complete waste of human lives the current system has been".

We've used the Freedom of Information Act to discover that, between January and August last year, 1,100 claimants died after they were put in the "work-related activity group". This group - which accounted for 21% of all claimants at the last count - get a lower rate of benefit for one year and are expected to go out and find work. This compares to 5,300 deaths of people who were put in the "support group" - which accounts for 22% of claimants - for the most unwell, who get the full, no-strings benefit of up to £99.85 a week.

We don't know how many people died after being found "fit to work", the third group, as that information was "not available". But we have also found that 1,600 people died before their assessment had been completed. This should take 13 weeks, while the claimant gets a reduced payment of up to £67.50 a week, but delays have led to claims the system is in "meltdown".

Mr Grayling admitted last month that 35,000 people are waiting longer than 13 weeks. Commenting on the deaths of ­claimants, a Department for Work and Pensions official said: "It is possible that the claimant had already closed their claim and then ­subsequently died, meaning that these figures may be ­overestimating the true picture." Of course, they're bound to include some people who died of ­something completely unrelated to their benefit claim.

But there are plenty of tragic cases - such as that of David Groves (left) who died from a heart attack the night before taking his work ­capability assessment. The 56-year-old, from Staveley, Derbyshire, worked for 40 years as a miner and telecoms engineer but stopped on doctors' orders after an earlier heart attack and a string of strokes. His widow Sandra said: "When Dave was called in for a medical, he felt like he was back to square one. "He was in a terrible state by the day he died. It was the stress that killed him, I'm sure."

Stephen Hill, 53, of Duckmanton, Derbyshire, died of a heart attack in December, one month after being told he was "fit to work", even though he was waiting for major heart surgery. Citizens Advice told us it has found "a number of cases" of people dying soon after being found fit for work. "There seems to be a clear link between the cause of death and the condition they were suffering from that led to the claim," said Katie Lane, head of welfare policy.

"We have always supported the idea that people who could work and want to work should be helped to do that. But we are seeing a lot of seriously ill and disabled people being found fit for work. "We have serious concerns about whether the test used to decide if people are fit for work is the right test." The work capability assessments are carried out by private firm Atos, on a £100million a year contract. The firm made a £42million profit in 2010 and paid boss Keith Wilman £800,000, a 22% pay rise on the previous year.

The response to our FOI request:

Thank you for your Freedom of Information request of 16 February 2012. You asked:

Can you please provide me with the number of ESA claimants who have died in 2011?

Can you please break down that number into the following categories:
• Those who are in the assessent phase
• Those who have been found fit to work
• Those who have been placed in the work related activity group
• Those who have been placed in the support group
• Those who have an appeal pending

The table below provides data on the numbers of Employment and Support Allowance (ESA) claimants where the Department holds information on a date of death being recorded in 2011 and whose latest Work Capability Assessment (WCA) date (or activity towards assessment) was before the end of August 2011, the latest data available.

In total, between January 2011 and August 2011, some 8,000 claims ended and a date of death was recorded within six weeks of the claim end. This represents about 1% of the total ESA caseload in May 2011 (the latest caseload data available). The table below shows the position of these claims when they were closed.

Those in the Support Group receive unconditional support due to the nature of their illness, which can include degenerative conditions, terminal illness and severe disability. Note it is possible that the claimant had already closed their claim and then subsequently died, meaning that these figures may overestimate the true picture. Care should therefore be taken when interpreting these figures.

WCA Outcome at most recent assessment and number of claimants with a recorded date of death :

Assessment not complete 1,600
Work Related Activity Group 1,100
Support Group 5,300
Total 8,000

All figures have been rounded to the nearest 100.

Data on the number of ESA claimants that have died following a fit for work decision is not available, as the Department does not hold information on a death if the person has already left benefit. The Department does not hold information on the number of claimants who died whilst an appeal was in progress.

We then asked for: The total Employment and Support Allowance caseload figures most comparable with the ones in the FOI request, eg Jan-Aug 2011, showing how many ESA claimants are put in support group, WRAG group, fit to work or claim ended. Clarification on whether these figures are only new ESA claims or whether they include the transfer from Incapacity Benefit? Clarification on the six-week cut off figure - why was that selected?

We were told: “As at August 2011 there were around 730,000 people receiving ESA. In the three quarters Jan-Sep 2011, 380,000 people left ESA. It is not possible to provide the further detail you request. These figures only cover new ESA claims - claims from IB recipients are not included. The six-week figure is used routinely within the department when looking at where people go after leaving benefits.”

If London, the Tories & LibDems don’t give ATOSS about Scotland & Scots in need, is the Union ultimately A SICK JOKE ?

THERE is little doubt a few hundred scare stories about the break up of the union are about to be thrown at the Scots electorate. Most of the stories will have as much credibility as as a paper bag can hold a gallon of water, however, some of the stories, such as Margaret Thatcher’s Poll Tax which ripped Scotland apart in the 1980’s and leaves a horrific legacy of inescapable personal debt even to this day, are worth considering in the context of whether Westminster really gives A-TOSS about retaining the Union with Scotland.

Given we are in the deepest recession the world has ever seen, a recession caused by bankers & regulations made by national Governments in the nation’s capitals rather than devolved assemblies such as the Scottish Parliament, perhaps one of the most important subjects on everyone’s mind in Scotland should be the CONDEM Coalition Government’s dreaded Welfare Reform Bill, parts of which are already being implemented with a Concentration Camp zeal upon the long term sick, patients with debilitating illnesses & benefits claimants across the UK, particularly in Scotland.

Every day there are stories about the weak and the sick in Scotland being treated like cattle off to the slaughter by a Westminster appointed company receiving at least £100 million and doubtless all the hidden extras we will never get to hear about. The Tories it seems, may give A-TOSS about keeping the union but they certainly don’t give A-TOSS about caring for Scots in need.

So, simply, Scots may well have to consider, if the UK Government in London don't give A-TOSS for Scotland, and feel that £100 million is a good price to pay for torturing the long term sick, disabled and near death up and down the length of the country, then wouldn't it be better Scots looking after their own?

Its not as if we Scots don't have our own resources to deal with the population on a more fairer basis. After all, we are the only country in the world who discovered oil, and then lost it to another country, a resource which may come back to Scotland if the independence referendum swings in favour of a nation status. Isn’t it therefore time to take a hard look at whether Scots are safer with, and may expect fairer treatment in the hands of an independent Scotland?

Considering we are supposedly all in this recession together, yet like in the rest of the UK we Scots watch as our safety nets are gradually being stripped away from us, with who knows, the NHS next in the firing line as the block grant from London decreases to cover up the banker’s billions, Do YOU give A-TOSS for a Fairer Scotland with a stronger voice within the union or a stronger and more caring for Scots voice as an independent nation ?

* Scottish Law Reporter agreed to run this article after a GP working in the South of Scotland reported to one of our journalists she had been offered a substantial cash sum [by an unnamed party] as an incentive to withdraw her backing for a disability benefits claimant who is suffering from cancer.

Readers can find out more about ATOS Healthcare by using GOOGLE .

The Sunday Mail newspaper reports on how the UK Government is treating Scots in need :

A SICK JOKE : Benefits clawback firm promise 'brighter future' but victim speaks out

Jul 17 2011 Mark Aitken, Sunday Mail

A PRIVATE firm hired to slash benefits are promising "a brighter future" to claimants whose payouts are stopped. Atos Healthcare are being paid £100million a year by the Tories to reassess people on disability and sickness benefits and drive them back to work.

They pay doctors up to £60,000 a year to assess whether claimants are fit to work. In a job advert for doctors, they claim: "You could make the difference that gives someone on incapacity benefit a brighter future." The advert, published on the British Medical Journal website, adds: "It's a vitally important role that aims to change lives for the better."

Labour MP Tom Greatrex, who has campaigned on the issue, branded the ad as "insulting". The Rutherglen and Hamilton West MP said: "The Tory-led government need to get a grip on Atos as a matter of urgency. "This advert is an insult to the thousands of people across the country who have been let down by the shambolic way Atos conduct their assessments.

"The idea that Atos are giving people on incapacity benefit a brighter future would be laughable were it not causing so much distress and pain to those who have been unfortunate enough to go through the process of their assessments."Rather than advertising for more highly paid staff, the Tory-led government should demand Atos sort themselves out, so their assessments are fair and reasonable."

Last week, the Sunday Mail revealed bungled rulings were costing taxpayers £50million. Around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around £50million. But UK employment minister Chris Grayling has admitted no money has been claimed back from the firm for poor medical advice.

An Atos spokeswoman said: "We have no comment on the advert."

Chemo patient's despair at ruling : Maggie Mackay was assessed by Atos as "fit to work" when she was still recovering from chemotherapy. The 51-year-old, from Glengarnock, Ayrshire, was a furniture restorer before breast cancer stopped her in her tracks.

She had radiotherapy, chemotherapy and surgery but was then assessed as being to fit to work by Atos and taken off disability benefit. Maggie, who bravely took part in our Breast Cancer Care Fashion Show last year, has launched an appeal.

She said: "Two weeks ago I had more surgery as my scar was not healing properly. My side effects include fatigue, not being able to sleep, very sore bones and memory loss. "The young woman didn't seem interested. I can't squat because I have two slipped discs."But she wrote in her report that I could squat. She made out I was perfectly fit and healthy. "Everything you say is twisted to make out that you are fit for work. I now have £8 a day to live on."

Enough to make you sick: Government urged to claw back millions from contractors after they wrongly assessed thousands on disability benefits

Jul 10 2011 Mark Aitken, Sunday Mail

BUNGLED rulings by the private firm deciding whether benefit claimants are fit to work are costing taxpayers £50million, we can reveal. The Government have been urged to claw back millions from the contractors after they wrongly assessed thousands on disability benefits.

Atos Healthcare is being paid £100million a year by the Tories to reassess people claiming disability and sickness benefits. But around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around s50million.

The Department for Work and Pensions' contract with Atos allows it to recoup money from the firm for poor medical advice. But UK employment minister Chris Grayling has admitted not a single penny has been claimed back.

Quizzed by Labour's Tom Greatrex, he said Atos "have met all of their targets for medical advice". Greatrex, MP for Rutherglen and Hamilton West, said: "The Toryled Government's failure to provide the taxpayer value for money is disgraceful and the attitude of the minister responsible for this defies belief.

"To suggest Atos has met its targets when it is needlessly costing the taxpayer millions is unacceptable. "It is astonishing that the Government did not recoup a single penny of taxpayer money from Atos, despite its obvious failings.

"At a time when the welfare budget is being slashed by billions, many people will be surprised that the government is not demanding repayment from a multi million pound international organisation. "The Government is very quick to demand money back from welfare recipients who don't live up to their responsibilities. They should do likewise with Atos."

DWP's contract with French owned Atos allows the government to "apply financial remedies" where the firm has "failed to meet contractual targets". A dwp spokeswoman said: "If a decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate. "Often, customers produce new evidence at their appeal." Atos said it had nothing to add to the DWP's statement.

We revealed in March how Glasgow GP Margaret McCartney went undercover at an Atos recruitment evening. She was told: "You are not in a typical caring role. This isn't about diagnosing. We don't call them patients. We call them claimants."

Campaigners attack drive to block benefits appeals as decisions get overturned

Jan 1 2012 By Mark Aitken, Sunday Mail

A FIRM employed by the Government to weed outbenefit cheats are losing more than two thirds ofthe appeals against their decisions. Controversial French company Atos are paid £100million a year to get people off disability and sickness benefit.

But Citizens Advice Scotland (CAS) have revealed that 69 per cent of people they represented at tribunals have won their appeals. Heart attack and lung disease victims are among those Atos have assessed as being well enough to look for jobs.And figures from parliament records show appeals will cost the taxpayer £60million this financial year alone. Incredibly, Atos will not be penalised for their abysmal performance.

CAS head of policy Susan McPhee said: “If the Government want to cut down on fraud and help people into work, we support that. “But with this system, they aretargeting many people who aregenuinely sick and unable to work. They are removing their income and plunging them into poverty. “Our advisers are overwhelmed by people who have been found ‘fit for work’ by the Employment Support Allowance (ESA) assessment when they are not. “Almost 70 per cent of these people who are helped by CAS have their assessment overturned at appeal – which shows how poor the system is and how many people are wrongly caught out by it.”

The figure is based on a sample of 269 ESA tribunals in 2010-11 – with 185successful. Figures obtained by Rutherglen and Hamilton West MP Tom Greatrex show there were more than 166,000 appeals against ESA decisions in 2010-11, costing the taxpayer £40million. And from April to August this year, there were almost 80,000 appeals,costing £19.1million. This means the bill for 2011-12 could be £60million.

Greatrex said: “I know from the Citizens Advice centres in my constituency the amount of time and resources taken up by helping some of the most vulnerable people navigate their way through this tortuous system. “These aren’t people trying to fiddle the system – they are constituents who suffer from serious illnesses such as Parkinson’s and cancer. “The rapid rise in cases Citizens Advice dealt with in the last year clearly shows there is a problem.

“The way to save money, reduce the backlog of appeals and lessen the huge burden on Citizens Advice is not to hire more judges or move to a six-day week at the Tribunal Service, as the Government are doing. “They must reform the Work Capability Assessment so it is fair and gets decisions right first time round.”

A Department for Work and Pensions spokeswoman said: “The reassessment of incapacity benefit claimants is pressing ahead on time and as expected.” Atos declined to comment.

'ConDem cover-up' : No inquiry for now into Scottish Borders Council's £10 million dodgy Icelandic investments backed by Tory linked Treasury company

Inept councillors from Scottish Borders Council who stashed a massive £10 million pounds of taxpayers money into Icelandic Banks which were already showing signs of going under when the Council transferred the funds, can, for the moment, breathe a sigh of relief that no immediate scrutiny of their calamitous investment decisions will take place, after it was revealed Audit Scotland have whimpered out of of any further investigation into the local authority's substantial Icelandic Banking losses.

Scottish Borders Council are known for having a less than dependable record of maintaining its books, notably on one occasion where some £4 million pounds disappeared from the council’s Education budget, forcing huge cuts on Borders public services several years ago.

Retired Scotsman reporter William Chisholm who has been investigating SBC's dodgy finance deals in the Icelandic Banks, spoke to Scottish Law Reporter earlier this week, revealing the Audit Scotland cop-out.

Mr Chisholm also commented on lack of accountability at the hapless Borders local authority, and noted the Council had refused to hand over copies of particular documents in response to his Freedom of Information request, documents which contained the actual financial advice which Butlers Treasury Advisers, (the Treasury Advisers used by Scottish Borders Council), had given to the local Council, advice which was then used as justification for the ill fated, reckless investments.

Mr Chisholm said : “I said right from the outset that I did not expect the Audit Commission to investigate the loss of over £2 million resulting from Scottish Borders Council’s reckless investment in two Iceland banks. But as a council taxpayer I felt I had every right to challenge and question the negligent actions of my local authority which have cost the Borders dearly. My aim was to have those responsible for the folly to be identified then held to account.

“However, in response to my Freedom of Information request the council declined to name the “treasury officials” who transferred £10 million of public money into the Icelandic banks in the summer of 2008 when virtually every other investor in that country was pulling their cash out before it was too late.”

“SBC also refused to give me a copy of the advice they received from their external treasury advisers before the catastrophic investments were made. The council provided me with a link to a website said to contain minutes of a relevant executive meeting in 2008. Unfortunately the link was non-existent, and when I pointed this out to them on 12 October 2010 I received an emailed apology with a promise to supply the correct link. I am still waiting.”

“After a great deal of detailed research I passed my findings to politicians of every political persuasion with a request that they either institute an inquiry or at the very least support my call for an investigation. Sadly not a single MSP or MP agreed to back that request, and in the case of John Swinney, the Scottish Government Finance Minister, he has not even acknowledged receipt of my report even though I have submitted it to him twice since 27 October 2010. I remain convinced an inquiry by the Scottish Parliament into the multi-million pound losses by Scottish local authorities in Icelandic banks should be held.”

Mr Chisholm ended by saying : “I must thank my own constituency MSP John Lamont who raised the issue with Mr John Baillie, the chairman of the Accounts Commission. He (Mr Baillie) has told Mr Lamont: “The Council (SBC) is best placed to provide any further information to Mr Chisholm to give a full picture of the actions they have taken on the Investments.”

“If only that were true. At least the subject has received a good airing; sadly I notice from the council’s audited accounts for 2009/10 that the Icelandic impairment has now increased to £3.088 million.”

Scottish Law Reporter reported on the calls for a full investigation of Scottish Borders Council during November 2010 where it was revealed by retired Scotsman journalist William Chisholm who carried out his own investigation of SBC’s Icelandic finance deals, that Audit Scotland had been asked to investigate claims Scottish Borders Council acted negligently & recklessly in investing a staggering £10 million pounds of taxpayers money in the now collapsed Icelandic banks. The Council, which is now cutting posts & public services across the Borders is expected to lose more than £3 million pounds on its investment and that the final payment (if indeed any payments are made) of its expected return is not due until October, 2018.

It also transpired that during Mr Chisholm’s investigation of how Scottish Borders Council invested in the Icelandic Banks, SBC’s Treasury Advisers, Butlers, had been involved in similar losses to local authorities all across the UK, totalling hundreds of millions of pounds.

Further enquiries revealed Butlers Treasury advisers were linked to the Conservative Party’s Treasurer, Michael Spencer, who was the subject of a report in the Independent newspaper, where, following a two month investigation, journalist Martin Hickman alleged that "councils who paid [a firm run by Mr Spencer] for strategic advice were almost twice as likely to have lost money in the three main Icelandic banks as those advised by other companies. The Conservative Party’s own website continues to list Mr Spencer as its current Treasurer.

The Independent’s investigation of Butlers and its connections to local authorities in the UK, continued : "Of the 116 local authorities who lost money, 51 received advice from Butlers. Their losses totalled £470m, more than half the total amount of council funds frozen in the banks."

An insider, speaking to Scottish Law Reporter earlier this week alleged the failure of Audit Scotland & MSPs to look into the dodgy investment policy of Scottish Borders Council may be down to “a political cover up” as Scottish Borders Council is run by the same coalition of Conservative & LibDems which currently run the UK Government.

The insider said : “In the circumstances of Scottish Borders Council being run by a coalition of Conservative and Lib Dem councillors, and with the Borders being represented in both Parliaments by either Conservatives or Liberal Democrats how can the public ever hope to get an investigation into complaints against the council ?”

It was also pointed out that the Treasury Advisory firm used by Scottish Borders Council is also linked to the Conservative party, and that questions needed to be asked over how the company was appointed and whether any political bias played a part in its placement as the Council’s Treasury advisers.

A local Borders openness campaigner speaking on the matter yesterday said : “Having looked into the matter, I feel there is a mist descending on the Icelandic investment matter to protect Conservatives & LibDem Scottish Borders Councillors from any potentially damaging investigations into their conduct, particularly with an upcoming Scottish Parliament election later this year in May 2011.”

He continued : “There must be an investigation as to how the Council arrived at decisions to invest millions of pounds in banks which were already widely regarded as risky at the time. If the money is lost, Councillors should be personally surcharged to recover the funds to taxpayers.”

No one from Audit Scotland or Scottish Borders Council could be reached for comment at time of publication.

An additional scandal has since hit Scottish Borders Council after it was revealed its Golden handshake policy is one of the most generous in the land, ranking even greater than big city councils such as Glasgow & Manchester, after figures revealed on the Bureau of Investigative Journalism website showed that, in the three years from April 2007 to April 2010, the council paid out £1.245million in contract termination payments to 47 staff.

The total amount disbursed to departing employees placed SBC seventh in the top 10 of 433 councils in Scotland, England and Wales. The highest spender was Manchester City Council which paid out more than £4.6million to 416 staff members: an average payment of £11,200. Glasgow City Council, which shelled out £1.721million to 611 staff (an average of just £2,815) came fifth in the league table.

Scottish Borders Council’s payments worked out at a whopping £26,492. Over the same period, the council made 37 redundancy payments totalling £349,000 and paid out 92 other end of contract lump sums totalling £702,370.

Scottish Parliament MSPs 'as crooked Westminster' claimed expenses for funeral wreaths

Despite recent claims of transparency at Scotland’s Parliament over MSPs expenses, revelations are emerging that our politicians have their noses as firmly in the expenses trough as MPs at Westminster.

Despite getting about 70k a year, it seems the cost of a wreath must also be claimed for, as well as second homes, mortgages etc … all of which we were told did not happen at innocent Holyrood ..

The Scotsman reports :

15 MSPs forced to pay back cash for wreaths

Published Date: 30 May 2009
By DAVID MADDOX

FIFTEEN members of the Scottish Parliament have been shamed into repaying expenses they claimed for Remembrance Day wreaths.

The MSPs – from the SNP, Labour and Liberal Democrats – reclaimed money that was paid to Poppyscotland and the Lady Haig Poppy Factory for the wreaths. Both charities raise funds for veterans.

It came as their actions were last night described as "immoral" and "dishonourable", although it was pointed out by officials that they fell within parliament's rules. MPs have been banned from claiming the cost of Remembrance Day wreaths since 2004.

The row has shifted the expenses focus on to Holyrood, which has been regarded largely as "clean" in comparison with Westminster, where MPs have been under siege over their claims. And last night, the scandal forced another MP to quit, with former Labour minister Elliot Morely announcing he would not seek re-election after claiming £16,800 in taxpayer-funded allowances for interest on a mortgage already paid off.

Mark Wallace, from the Taxpayers' Alliance, said he was astounded MSPs would even consider claiming back money given to a veterans' charity. "It is disgraceful that so many MSPs have claimed Remembrance Day wreaths on expenses and that it is allowed under Scottish Parliament rules," he said.

"No honourable human being would even think it as morally acceptable to do so." He demanded that Holyrood change its rules to stop such claims.

Lothians Tory MSP Gavin Brown said: "Remembrance Day wreaths are a tribute to people who put their lives on the line and the idea of claiming back the cost does not sit easily with that. I think a rule change would be appropriate."

The expenses emerged in the claims made for October to December last year, which were published online this week. While the Scottish Parliament describes itself as being transparent, the wreaths were hidden under "running costs".

When the claims first came to light yesterday, there was reluctance among some MSPs to return the money.

Lothians SNP MSP Angela Constance, who claimed £17.80, immediately offered to return the cash, but her colleagues were not as quick to respond. The initial SNP response said: "Members lay wreaths in their official capacity on behalf of the Scottish Parliament. As the parliament supports Poppyscotland, the cost can be met from parliament resources, and it is for each elected member to determine if they wish to reclaim the cost."

But within an hour, the party leadership had intervened and all its MSPs were told to pay the money to the charities, Poppyscotland and Lady Haig Poppy Factory, which sold the wreaths. The two charities are the only ones that MSPs are allowed to claim back money for.

A spokeswoman said: "SNP MSPs will either be reimbursing the money or making donations equal to the cost of the wreaths to Poppyscotland."

The SNP MSPs who claimed were Ms Constance, Alasdair Allan (£21.30), Roseanna Cunningham (£63.90), Michael Matheson (£63.90), Stuart McMillan (£42.60), Gil Paterson (£17.80) and John Wilson (£35.60).

Labour MSPs decided to pay their money back to the parliament, but not before a spokesman insisted they had been right to reclaim the money as representatives of the parliament. Helen Eadie claimed the most, at £170.42, to cover wreaths for different villages in her Dunfermline East constituency. Rhona Brankin claimed £42.60, Trish Godman £113.22 and Cathy Jamieson £42.60.

A party spokesman said: "MSPs lay wreaths on behalf of the Scottish Parliament. The money for the wreaths goes to Poppyscotland that funds care for veterans. Some MSPs have many remembrance ceremonies in their constituency and it has been traditional for the local parliamentarian to send a wreath for them.

"These funds have been claimed legitimately, but Labour members have decided to pay the money back to avoid any embarrassment to Poppyscotland."

Ms Brankin said: "While I have acted in accordance with Scottish Parliament rules, the last thing I would want to do is cause offence to the Scottish Poppy Appeal, the Royal British Legion or my constituents."

The Lib Dems also promised to repay money claimed by Robert Brown (£20.30), former leadership contender Ross Finnie (£118.13), Jamie Stone (£42) and Jim Tolson (£63.90). A spokesman said: "The MSPs in question attended these important ceremonies in their official capacities but will, nonetheless, repay the amount claimed."

No Conservative or Green MSPs claimed back money for wreaths. However, shadow Scottish secretary David Mundell had been criticised for putting in claims for wreaths before the Westminster ban. Another Conservative, former shadow defence secretary James Gray, also came under fire after he tried to lodge a claim and complained he was "£60 out of pocket" after buying three wreaths to lay at war memorials in his constituency.

The wreaths at the centre of the scandal came mostly from the Lady Haig Poppy Factory, named after the wife of Earl Haig, the commander-in-chief of British forces during the First World War.

The factory makes special wreaths for MSPs with a purple centre to mark them out as being from the Scottish Parliament.

Former army officer Stuart Crawford, who served as a lieutenant-colonel in the Royal Tank Regiment, was also highly critical of the claims, although he said he could see why MSPs might believe they could claim the money back.

He said: "Although MSPs are not the highest-paid people in the land, they get a healthy salary – at least twice the average household income – and a wreath once a year on Remembrance Day should not be beyond their means."

Morely to step down after 'traumatic' mortgage claim row

FORMER Labour minister Elliot Morley is to quit as an MP, after claiming £16,800 in taxpayer-funded allowances for interest on a mortgage he had paid off.

He announced his decision not to fight his Scunthorpe seat at the next general election after a meeting with party activists in his constituency last night.

The move came as Tory leader David Cameron said any MPs who committed a crime by claiming taxpayer-funded cash for non-existent mortgages should "face the full force of the law".

Mr Cameron said Scotland Yard, which is considering whether to launch criminal inquiries into potentially fraudulent claims, should examine them "without fear of favour".

He added: "If people have broken the law in claiming expenses, like mortgage payments for mortgages that don't exist, should they be subject to the full force of the law? Yes of course they should."

Announcing his decision to stand down last night, Mr Morely said: "It is with regret that I have informed the general committee of the Scunthorpe Constituency Labour Party and the party general secretary that I do not wish to contest this seat at the next election.

"The last two weeks have been traumatic for me and I have to think of my family and my health, both of which have suffered."

The former environment minister is suspended from the Parliamentary Labour Party pending a sleaze watchdog investigation and a possible police inquiry.

Earlier yesterday, another MP embroiled in the scandal, veteran Conservative Bill Cash – who rented a flat from his daughter using taxpayers' funds – said he would repay the £15,000 if there had been a "transgression", but asked for time for his claims to be scrutinised.

However, his hopes of drawing a line under the affair were scuppered by Mr Cameron, who said the MP faced "serious questions" and needed to co-operate with inquiries.

Mr Cash, a Staffordshire MP, designated a flat owned by his daughter Laetitia, an aspiring Tory MP, as his second home for expenses in 2004 and 2005 – though he owned a home closer to Westminster.

Meanwhile, other Scots MPs also had their expenses scrutinised yesterday.

David Mundell, the only Tory MP in Scotland, paid back £75 for a food and drinks bill for staff. The Shadow Scottish secretary said he had audited his own expemses and decided to repay the funds before being asked.

Brian Donohoe, the Labour MP for Central Ayrshire, was allowed to claim £2,575 for a three-piece suite for his second home although it was £75 over the limit.

Tom Harris, the Labour MP for Glasgow Cathcart, had his claims of £90 for a cot and £50 for a steriliser rejected.

The revelations came as Commons leader Harriet Harman warned that Labour MPs who have done wrong "have got to pay the price for that".

However, Lord Mandelson, the Business Secretary, condemned the "hasty" judgement of MPs.

The MPs who have announced they are standing down will not do so until the general election, which could be a year away.

This is because anyone who quits parliament mid-term would get much less than a maximum £129,532, depending on length of service.

Nick Clegg, the Liberal Democrat leader, yesterday called for end to the "golden goodbyes".

"I can see no reason why an MP who is sacked or decides to stand down should be rewarded with a big, tax-free, lump sum payment," he said.

• Pensions minister Rosie Winterton claimed £4,690 for soundproofing a bedroom wall and redecoration of the bedroom, bathroom, living room, kitchen and staircase of her London home in February 2007, it emerged last night

LibDems leader Tavish Scott refuses to reveal capital gains tax payments on property profits

The leader of Scotland’s Liberal Democrats, Tavish Scott, has apparently refused to reveal whether he paid Capital Gains Tax (CGT) on property profits made from taxpayer funded flats.

The Sunday Herald reports :

LibDem leader refuses to confirm tax payment

by Tom Gordon and Paul Hutcheon

THE LEADER of the Scottish Liberal Democrats was last night refusing to reveal whether he paid capital gains tax (CGT) on the profits made on the first of two taxpayer-funded flats.

A spokeswoman for Tavish Scott, who made a £36,000 profit in 2005 after selling a publicly-subsidised property, refused to give an answer on the "private" matter.

This was in contrast to Mike Rumbles, the LibDem chief whip, who said explicitly that he paid 40% CGT when he sold one of the flats he billed the taxpayer for living in.

Hazel Blears, the Communities Minister, was lambasted after she classified a flat she owned in south London as her second home to the Westminster authorities, but told the taxman the property was her main residence. Her decision meant she did not have to pay CGT on the post-sale profits, but public criticism led Blears to paying £13,332 to the Inland Revenue.

The controversy has now put the spotlight on Scott. MSPs can get help for a second home in Edinburgh if their "main residence" is far enough away from the Capital.

Scott has a main residence in Shetland and bills the public for mortgage interest payments on a £380,000 home in Morningside. The parliamentary allowances register states he claims around £1000 a month for the property.

However, the LibDem leader first claimed the Holyrood mortgage interest on a flat in Lower London Road he bought in 2002. Scott made a gain of £36,000 when he sold the flat.

If the sale was liable for CGT, Scott would have had to pay £14,400 in tax. A spokeswoman for Scott refused to answer a direct question on whether the LibDem leader paid CGT on the £36,000 gain. The party's press officer said: "Tavish Scott has paid and does pay all taxes due by him."

Pressed on whether Scott paid CGT on the flat profits, the spokeswoman declined to go further on his "private" tax affairs. Scott has claimed around £60,000 in mortgage interest payments from the taxpayer since 1999.

Patrick Harvie, a Green MSP, said: "Why is this a private matter? Anyone who is against openness now is on a hiding to nothing."

A spokesman for the Taxpayers Alliance said: "Tavish Scott should definitely say whether he paid capital gains tax after selling the property. It's especially necessary given he has made a big windfall."

FOI from LibDems reveal 170 Scottish Police officers have criminal records

A Freedom of Information request by the Liberal Democrats has revealed there are at least 170 Police officers in Scotland with criminal records …

The Scotsman reports :

170 police officers 'have criminal record'

Published Date: 12 March 2009

By Gerri Peev
Political correspondent

AT LEAST 170 serving police officers in Scotland have criminal records and many of them picked up their convictions while on duty, figures reveal.

It also emerged that half the police forces that gave information had not sacked a single officer with a criminal conviction.

Strathclyde Police alone has 107 serving officers who have convictions and has dismissed another ten.

Grampian Police has 34 officers with criminal records, none of whom have been dismissed, while Fife Constabulary employs 11 officers who have committed crimes and kept their jobs.

Lothian and Borders has four police officers with criminal convictions and Tayside has sacked just one out of its seven who have records. Dumfries and Galloway has eight police officers with convictions after axing three.

The figures, revealed by Freedom of Information requests from the Liberal Democrats, highlight how officers with convictions ranging from assault to perverting the course of justice and driving offences are still employed on the front line.

Robert Brown, the Liberal Democrats' justice spokesman in Scotland, said the figures were "staggering".

He has written to Kenny MacAskill, the justice secretary, urging him to release information that two police authorities – Northern Constabulary and Central Scotland – refused to give.

"The public entrust the police with the use of legal force precisely because they are self- disciplined and restrained," he said. "This trust is undermined if serving police officers convicted of a violent offence are seen not to be dealt with strictly.

"Similarly, the public will wonder how a police officer convicted of perverting the course of justice can perform their duty effectively. Prosecutors would be reluctant to call them as a witness for fear of being taken apart by the defence.

"Hiring and firing must ultimately be the decision of the chief constable, but given these revelations the Scottish Government needs to review any guidance it gives to police forces."

A spokesman for the Association of Chief Police Officers in Scotland said it had no specific policy or guidance on previous convictions.

He added: "It is at the discretion of individual chief constables as to how such matters are dealt with, having considered all the attendant circumstances."

Scandal at Scottish Borders Council as Libdem Councillor Alec Nicol charged with kerb crawling for prostitutes in Edinburgh

The Education Chief at Scottish Borders Council, Liberal Democrat Councillor Alec Nicol who chairs the ‘Education & Lifelong Learning Committee” has been charged with kerb crawling for prostitutes in Edinburgh’s Salamander Street, according to reports in several newspapers.

Council Chief faces kerb crawling charge

By: ROBERT FAIRBURN Daily Record Nov 21, 2002

A SENIOR member of a scandal hit council was arrested during a police crackdown on kerb crawling. Alex Nicol - Lib Dem leader on Scottish Borders Council - was snared in the operation in a notorious red- light district. The farmer's Mitsubishi four-wheel drive was spotted circling a well- known prostitute pick-up zone in Leith, Edinburgh.

The married father-of-three was stopped by police in Salamander Street shortly before midnight on Tuesday. He was later charged with breach of the peace and bailed to appear in court at a later date. Lothian and Borders Police had launched a crackdown on street prostitution following complaints from residents.

The arrest is the latest setback to hit the council since a pounds £4 million education overspend. Its social work department is being investigated over its handling of a sex abuse case.

Last night Nicol was unavailable for comment at his farm at Morebattle near Kelso, where he stays with his wife Pat. Council leader John Scott said: "I have not spoken to him so I cannot say anything." A council spokesman added: "We would not take any action or consider what we might do until such time as these allegations are proven."

Nicol, councillor for Kelso since 1999, chairs the lifelong learning committee. He is also a senior figure in the Scottish National Farmers Union and represents the Scottish National Federation for Welfare of the Blind. A police spokesman said: "A 61-year-old man was cautioned and charged. A report has been sent to the procurator fiscal."

KERB-CRAWL COUNCILLOR NICKED AT HOOKER HAUNT

By DAVID CONNOR The Mirror Nov 21, 2002

A SCANDAL-HIT council was reeling last night after a leading councillor was arrested in a crackdown on kerb crawling. Alex Nicol, 61 - Liberal Dem leader on Scottish Borders Council - was snared in the notorious red-light district in Leith, Edinburgh. The marred dad-of-three was stopped by cops shortly before midnight on Tuesday. He was later charged with breach of the peace and will appear in court at a later date.

Last night Nicol was unavailable for comment at his farm at Morebattle near Kelso where he stays with wife Pat. Council leader John Scott said: "This is news to me. I have not spoken to him."

Lothian and Borders Police had launched a crackdown on street prostitution following complaints from residents and were stopping any driver seen patrolling the area three times.

It is the latest setback to hit the troubled council following a £4 million overspend in the education budget. It was also heavily criticised for its handling of the controversial Miss X case when three men were jailed for a catalogue of abuse against a woman with learning difficulties.

A council spokesman said:"We would not take any action until such time as these allegations are proven. "It is a matter for Councillor Nicol to decide his position."

The Southern Reporter, a newspaper in the Scottish Borders also reports :

Council chief charged

Published on Thursday 21 November 2002 09:52

POLICE on the hunt for kerb crawlers in a red-light district of Edinburgh have arrested a senior Borders council, writes Bob Burgess

Farmer Alex Nicol was stopped and quizzed by officers late on Tuesday night. The Kelso councillor was arrested and taken to Leith station where he was further quizzed and charged with Breach of the Peace. He was one of two men arrested on the same night. Both were later freed and are expected to appear in court at a later date.

Councillor Nicol who holds SBCs education and lifelong learning portfolio was stopped shortly before midnight in the Salamander Street area of Leith. Councillor Nicol has been the councillor Kelso and District since 1999.

A spokeswoman for Lothian and Borders Police in Edinburgh told The Southern: "Following complains by local residents about motorists in the Leith area an initiative has been launched. "Last night (Tuesday) two motorists were stopped by police and after being questioned were charged and reports are going to the procurator fiscal."

Last week more than 70 residents demonstrated with placards as they marched from their homes to Leith Police Station. They claim that at certain times the area has become a no-go area for local women. Police now have an arrangement with the local procurator fiscal that motorists spotted in the area three or more times will be stopped for questioning.

Mr Nicol was not available for comment and Lib Dem council leader John Scott said it was not an issue he would comment on at this stage.