Angry Aberdeen councillors say they were denied the chance to inspect crucial advice on the legalities of the city centre’s controversial bus gates.
Elected members had been told they would get to see the top secret external guidance the authority’s legal boffins have received after being engulfed in a fresh storm.
The same Edinburgh-based firm who sunk Inverness traffic changes are poised to swoop on Aberdeen’s system – arguing the correct process was not followed.
Amid these escalating concerns that the council could be dragged to court, time was set aside to give members a run-down.
On Wednesday, ahead of the latest crisis talks on Thursday, councillors were invited to sessions led by the body’s own lawyers.
But some have been left dismayed by how these appointments were carried out – as they were left straining to see a screen while council officials talked them through their version of the advice.
And it later emerged that Aberdeen City Council’s own legal team was “unable to estimate” the cost of the external advice they have been forced to seek.
Lawyers defend decision on Aberdeen bus gates legal advice
Relations between council legal staff and certain opposition councillors appear to have become increasingly strained over the bus gates debate.
At a tense meeting in October, livid lawyer Alan Thomson accused Labour’s M Tauqeer Malik of being “hugely disrespectful”.
At the same meeting, Mr Malik pocketed legal advice he had been ordered to hand back.
And during heated talks on Thursday, the chief legal advisor again found himself thrust into the spotlight as he was grilled over the way the latest guidance was shared with councillors.
He insisted the contentious method complied with the relevant rules. But not everyone agreed with his “definition of ‘inspect'”.
‘I saw it from a screen, at some distance’
Independent councillor Jennifer Stewart argued that the approach risked breaching rules about sharing the important information needed to make decisions.
She said: “We are making a decision about something major happening for the city.”
Turning to Mr Thomson, she added: “You are not accountable to the constituents I am accountable to.”
“I did not get the opportunity to inspect the advice.
“I saw it from a screen, at some distance… So what is the definition of ‘inspect’?
“My definition is to examine something, and to look closely at it. We supposedly have a position of power, officers shouldn’t take advantage of that.”
Mr Thomson stressed that the advice was a “complex document” and “it’s the job of legal advisors to summarise that for you”.
‘Computer kept conking out’ claims
Mrs Stewart later described how these secret talks descended into farce.
She decried a calamitous session where the screen “kept cutting out” and the system had to be “rebooted” every time a page was scrolled.
Mrs Stewart argued that previously, during Aberdeen’s baby ashes scandal, councillors were handed copies of legal documents to leaf through.
The councillor also cited sections of their “code of conduct”, which stresses that she and her peers should be entitled to such information.
“I feel I have not been given that,” she added.
Mr Thomson, beginning to get exasperated, replied: “I think I made myself quite clear and I have nothing further to add.”
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Could Aberdeen bus gates legal advice have been better shared?
Labour’s Sandra Macdonald told the chamber that Mrs Stewart had a point.
She said: “There were issues yesterday, let’s be honest.
“We do want to read it at our own speed, you want to go up a bit and then back down again.”
So how much did the external guidance cost?
Tory group leader Richard Brooks later pressed Mr Thomson on how much the authority had shelled out on KC expenses to secure this initial advice.
Mr Thomson replied: “We are still trying to collate that information.”
Referring to the behind-closed-doors sessions, Mr Brooks had another attempt.
“I believe you did say yesterday that you would have it today…
“Do you have an estimate of what you think this is going to cost please?”
Mr Thomson said: “Sorry, I don’t have an estimate at this stage.”
An exasperated Mr Brooks later lamented: “Time and time again it feels like officers are the administration.”
Following hours of stormy discussion, the ruling SNP and Liberal Democrat group voted not to refer the controversial bus gates system to the Scottish Government.
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