Deputy breached code by forwarding email

Pan-island commissioner for standards Dr Melissa McCullough found Chris Blin to have breached the requirements of the code of conduct relating to confidentiality when he forwarded a private email relating to planning policy GP11 to property developer Charles McHugh. But she said the deputy had been ‘careless rather than malicious’.

Mr McHugh confirmed two days after the disclosure that it had been Deputy Blin who had forwarded the confidential email.

The deputies whose information was included in the disclosure – Andy Taylor, Neil Inder and Heidi Soulsby – confirmed that they considered the information confidential and did not give consent for Deputy Blin to share it.

There were a number of email exchanges between Mr McHugh and all deputies, including exchanges between Deputy Taylor and Mr McHugh on the same topic at this time, and this led to Deputy Blin’s assertion that perhaps Deputy Taylor inadvertently left Mr McHugh off the circulation of that particular email.

However Deputy Taylor said that he had no intention of including Mr McHugh in the email in what was a private exchange between deputies.

‘I am of the view that Deputy Blin should provide an apology, however, under the current legislation this is not an available sanction in the context of this complaint. Therefore, I must recommend Deputy Blin be formally reprimanded,’ said Dr McCullough.

‘Having spoken with Deputy Blin during my investigation, I believe he regrets his carelessness and accepts that he has breached the code of conduct. I am confident that Deputy Blin will be careful in the future in regards to his handling of confidential information.’

Deputy Blin was given the opportunity to challenge the commissioner’s findings but did not do so.

‘When Deputy Blin sent the email to Mr McHugh, he wrote “in confidence”. While he states it was a mistake and he should have written ‘FYI’, it is my view that Deputy Blin knew or ought to have known that it was not an appropriate course of action,’ said Dr McCullough.

‘There is no evidence to suggest that Deputy Blin had anything material to gain from sharing this information with Mr McHugh. It is my view that, on balance, Deputy Blin’s forwarding of the private email was careless rather than malicious.’

In her recommendations, Dr McCullough noted that this case has highlighted issues in relation to the legislation regarding sanctions and suggested the States’ Assembly and Constitution Committee should review this to enable to commissioner to recommend the sanction of an apology in cases that are beyond ‘minor’.