Written Question · S2W-09447 · Session 2

Whether, with reference to the report in the Sunday Mail on 27 June 2004 that a claim made to an industrial tribunal, based on allegations …

Answered Asked by Fergus Ewing SNP Lodged 29 Jun 2004

The question

To ask the Scottish Executive whether, with reference to the report in the Sunday Mail on 27 June 2004 that a claim made to an industrial tribunal, based on allegations of religious and racial bias, against the Water Industry Commissioner, Alan Sutherland, brought by former employee, William Hetherington, has been settled by a payment to Mr Hetherington of nearly #30,000, (a) the Executive will make a full statement on the matter, (b) the Executive's policy of 'ero tolerance towards racial or religious discrimination, such as remarks and abuse, applies to those who hold senior public sector posts, such as that of the Water Industry Commissioner and, if so, whether it has sought any explanation from the commissioner regarding this matter and, if so, on what date or dates, (c) whether such explanation was (i) sought and (ii) obtained before the commissioner was reappointed, (d) what sum has been agreed to be paid to the employee, (e) who will be responsible for paying the agreed sum, (f) whether Mr Sutherland will be responsible for paying the agreed sum and, if not, what the reasons are for the taxpayer meeting the cost and whether it is Executive policy that the taxpayer should pay the consequences of any racial or religious bias by public sector management and (g) whether there is any legal means by which an individual can be held personally responsible for the consequences and, in particular, the financial consequences of racial or religious bias and what steps the Executive will take to address this position, including whether a clause to this effect can be inserted into the contract of employment of such employees.

The answer

Answered by Ross Finnie on 10 Aug 2004 · 42 days after it was lodged, 14 days after it was due

The Executive expects the Water Industry Commissioner to act in accordance with his responsibilities under the law and the code of conduct under the Ethical Standards in Public Life etc (Scotland) Act 2000. Ministers may terminate this appointment on a range of grounds including gross misconduct in the discharge of the appointee’s duties or conviction for a criminal offence. However, the allegations referred to above were neither the subject of a formal complaint made to the Executive nor were they substantiated through the appropriate due legal process. I understand the claim to the tribunal was withdrawn and a final settlement was agreed by both parties.
Any costs involved in reaching such a settlement must be met within the commissioner’s budget. The Race Relations Act 1976 provides for penalties (including financial penalties) where an individual is discriminated against by another person.

In the Official Report

No contribution in the Official Report cites S2W-09447 by reference.