Swinney 'broke rules' on wind farm

Published on Saturday 5 December 2009 18:53

FINANCE Secretary John Swinney has been accused of breaking the rules in his dealings with a duke and a developer planning a controversial wind farm.

Campaigners say that discussions held by Swinney about the proposed 48-turbine Fallago Rig project in the Borders have breached the ministerial code of conduct. The Scottish Government has denied any wrongdoing.

The code insists that MSPs must not discuss planning applications without all interested parties being present.

But letters seen by Scotland on Sunday suggest Swinney met the Duke of Roxburghe and a boss of North British Windpower – even though he knew Fallago Rig would be discussed.

The wind farm, if granted planning consent, will be built on the duke's land in the Lammermuir Hills by North British Windpower.

Mark Rowley, deputy chairman of his local community council, has complained about Swinney's conduct to Sir John Elvidge, permanent secretary to the Scottish Government.

Rowley said: "What has been going on is clearly inappropriate. We are concerned that it's a breach of the Scottish ministerial code.

"It puts the whole planning system into potential disrepute and it means that when ministers are taking a very difficult and controversial decision they are doing it against a very murky background."

The chain of letters, obtained using Freedom of Information laws, began when the Duke of Roxburghe wrote to First Minister Alex Salmond inviting him to Floors Castle in December 2007 – a few months before a public inquiry was due to take place into Fallago Rig. A date for the visit was agreed to coincide with an event at Floors Castle on 2 July, 2008. By this stage the Fallago Rig public inquiry had finished but ministers had not yet made a decision.

Before the 2 July meeting, the duke's factor wrote to a civil servant at the Scottish Government to highlight that Andrew Shaw, the co-founder of North British Windpower, would also be at the event and that Fallago Rig would be discussed.

Factor Roddy Jackson said in the letter: "AS (Andrew Shaw] is involved with the wind farm proposal at Fallago Rig on the Estate... and I know the Duke will refer to this in his opening remarks."

As a result, the civil servant, Christine McKay, wrote to another member of her team that they must "note the remark about Fallago Rig" and added: "I think we need to provide FM (First Minister] with some briefing on this."

Ultimately, the meeting was attended by Swinney rather than the First Minister.

Rowley, in his letter of complaint to Sir John Elvidge, said: "This evidence removes any and all doubt that ministers may have 'accidentally' entered into inappropriate and potentially prejudicial meetings…

"This appears to be not just a breach of the Scottish ministerial code but also a deliberate one, knowingly entering into meetings where lobbying on an application was on the agenda."

After the 2 July meeting, the duke wrote to Swinney, and the letter reveals the pair discussed Ministry of Defence opposition to the wind farm.

He adds in the letter, dated 3July, 2008: "However, we were much encouraged by your interest and certainly hope that the Scottish Government will be able to find a solution to the conundrum."

On 8 July, 2008, the chairman of North British Windfarm Christopher Wilkins, also wrote to Swinney, saying: "We much appreciated the time and interest you took in the MoD problem last week and were encouraged by your concern."

The code of conduct states: "Ministers… must do nothing which might be seen as prejudicial to the process, particularly in advance of a decision being taken."

It adds: "The planning minister, or any other minister involved in the decision-making process would have to debar himself from any involvement in the case… if he considered that their impartiality be perceived to be compromised."

It points out that this would include "meeting the developer or objectors to discuss the proposal, but not meeting all parties in the decision".

Jim Mather, energy minister, will make the decision on whether to grant planning permission. Swinney is his boss.

Further letters reveal the First Minister's planned visit to Floors Castle did finally go ahead, in September this year.

A thank-you letter written by Salmond, in which he misspells the Duke of Roxburghe's name, contains no hint as to whether Fallago Rig was discussed.

It said: "Moira (his wife] and I thoroughly enjoyed our visit to Floors after the Melrose Cabinet and thank you again for your hospitality. It was a particular privilege to meet your fine horse, Attraction, whose 1,000 Guinea and other wins I have admired over the years."

Another letter, dated 25 February, 2008, reveals Mather met the chairman of North British Windpower at a conference. It is not clear whether they specifically discussed Fallago Rig, although it is clear they discussed concerns over MoD objections to wind farms. In response, Mather makes clear he cannot discuss Fallago Rig.

A Scottish Government spokesman said:

"Determination of the Fallago Rig application falls solely to Energy Minister Jim Mather and as the documents clearly show, Mr Mather wrote to the Duke of Roxburghe to say it would be inappropriate to comment specifically on the Fallago Rig application while it is being processed and is still subject to consideration by ministers.

"On no occasion has Jim Mather or any other minister arranged any meeting where the Fallago Rig application was discussed to the exclusion of other interested parties."