Regulator board member cleared of conduct code breach

Mike Dailly, a solicitor and SHR board member, tweeted abuse to the then first minister on 21 June this year, for which he later apologised.

Kay Blair, chair of SHR, referred Mr Dailly to watchdog the Commissioner for Ethical Standards for Public Life in Scotland following the incident. Ms Blair alleged that Mr Dailly had through his tweet damaged the reputation of the SHR and had disrespected fellow board members, staff and stakeholders.

Separately, she alleged that Mr Dailly had breached confidentiality by making public a conversation Ms Blair had with him in which she asked whether he was going to resign over the tweet.

However commissioner Bill Thomson, cleared Mr Dailly of breaching the code of conduct for SHR board members.

In a decision on 4 December, Mr Thomson said Mr Dailly had been ‘acting purely in a personal capacity’ at the time of the tweet and therefore outside the scope of the code.

He said: ‘There was nothing in the text of the tweet which conveyed disrespect to board members or staff, or the SHR body as whole, or implied that the respondent was in any way representing or commenting on the view of his colleagues within the body.’ Mr Thomson said he scrutinised Mr Dailly’s Twitter account from mid-2013 and found no mention of his board membership of the regulator.

Ms Blair had also alleged Mr Dailly had breached confidentiality by revealing to the press contents of the  phone call she made to him on 23 June during which she asked him whether he was going to resign.

However, Mr Thomson said: ‘I did not consider that this could be regarded as a confidential aspect of the regulator’s work…..there was no imperative to conceal the fact that the complainant had raised the issue of resignation.’

Responding to the commissioner’s findings, Ms Blair said: ‘I acknowledge and respect the commissioner’s decision and it was right for me to take this to the commissioner as it is his role to investigate such matters.’

The tweet was sent as part of Twitter debate about Scottish independence.

Mr Dailly said: ‘I am pleased to have been completely exonerated by the Commissioner for Ethical Standards in Public Life in Scotland, who found the complaint to be irrelevant and without foundation.  

‘It was unfortunate this complaint was made, however the ruling does help to emphasise the right to free speech in one’s personal life.’

UPDATE 22.12.2014 16.03pm

Inside Housing understands the offending tweet, which was deleted, said: ‘We have an a***hole as First Minister, let’s face it.’