Call for 'transparency' over £68m flood scheme information

The man behind the freedom of information (FOI) requests where a council response was found to be "entirely unacceptable" has called for someone to be held to account.

Mike Sutherland said he believed there had been a "catalogue of errors" in the handling of the £68m Whitesands flood protection scheme in Dumfries.

The Scottish Information Commissioner (SIC) recently ruled that Dumfries and Galloway Council had "failed at the most basic level" in its response to his requests about the project.

The council said it was considering the findings and would respond within the timescales set out.

Work has now started on the Whitesands flood scheme which has proved controversial.

Opponents say it is too costly, spoils the view and costs car parking spaces.

Those in favour argue it will provide defences to an area which has flooded hundreds of times and also help with its regeneration.

Sutherland believes the Local Government (Scotland) Act 1973 required the council to seek court approval to use common good land.

After an attempt to fund a challenge through the courts raised only a fraction of the funding required, the former council worker from Lockerbie turned to FOIs to raise his concerns about the project.

He asked for information about the use of common good land - owned by the council for the benefit of the community - and whether it had petitioned the courts for a change of use.

The response from the local authority was severely criticised by Scottish Information Commissioner David Hamilton.

Sutherland said that made him feel vindicated in his persistence to get answers about a scheme "hated by many people".

"I've asked them a few more testing questions which they've been very furtive about indeed," he said.

"They're quick enough in making other people accountable - what about their accountability?

"They're going to try and avoid answering all the same - because they want this project as far down the line as possible," he said.

Sutherland said he accepted that the project would go ahead but he still wanted to pursue answers.

"They have no hesitation whatsoever in holding other people to account when they slip up just once," he said.

"They've made a catalogue of errors here over a £68m project that a lot of people do not want."

He said he would not stop until the council was forced to "reveal all they must reveal".

His call received support from MSP Craig Hoy this week.

"There are important questions that Dumfries and Galloway Council must now address," he told the Scottish Parliament.

"It must clearly and willingly explain the legal position surrounding the use of common good land that is affected by the project and show that the proper processes have been pursued at all stages."

He said he would be meeting the council chief executive to ask the council to answer questions about the scheme "fully, openly and transparently".

The council said it was still examining the findings on its FOI responses which were issued a week ago.

"We are currently considering the SIC's decisions and the requirements set out in them," it said.

"We will fully consider and respond within the timescales set out.

"It would be inappropriate to comment further until we have had an opportunity to review the decisions in detail."