A report that found two Ministers failed to declare an interest in a planning application was not made public for three years.
Angela Main-Thompson OBE concluded former Minister John Shimmin and current Minister Laurence Skelly breached the government code. Both deny knowingly failing to declare an interest.
The investigation by Angela Main-Thompson, who is now Tynwald ombudsman, was commissioned by then Chief Minister Allan Bell in July 2016.
It followed a complaint made by former planning committee member Hamish Killip. The release of the 2017 report under Freedom of Information was blocked by the Cabinet Office in June last year.
But it has finally been made public three years on, after a review request to the Information Commissioner.
The allegations focus on a 2015 planning application by Meary Voar Developments (15/00124/B) to erect a building housing a swimming pool, gym, spa and staff and office accommodation at Meary Voar, Santon.
The 2015 planning application was supported by the Department of Economic Development and its Minister Laurence Skelly and his predecessor John Shimmin.
The 2015 proposals went to public inquiry but the inspector recommended refusal, saying their ’alien and obtrusive’ visual impact would cause significant harm to the countryside.
But the Council of Ministers nevertheless approved the proposal at a meeting in September 2015.
Neither Mr Shimmin nor Mr Skelly withdrew despite having lobbied previously on behalf of the applicant.
The meeting was held to be inquorate and the matter was considered by the Council of Ministers again in May 2016 when Mr Shimmin and Mr Skelly recused themselves, declaring a conflict of interest.
Mr Shimmin said he could not remember why he had not recused himself from the meeting.
Mrs Main-Thompson concluded: ’In the absence of any explanation from John Shimmin I am driven to the conclusion that he was aware that he had a conflict of interest and therefore knowingly failed to disclose it.’
Mr Skelly in his evidence said he had ’skim read’ the papers and had not picked up on the conflict.
But Mrs Main-Thompson concluded that ’on the balance of probabilities, before the decision was made, Minister Skelly knew that the planning application involved his department and that, accordingly, he knew he was conflicted and should play no part in the decision.’
Responding to the report’s findings, Mr Shimmin said: ’I fundamentally disagree with and refute the author’s assessment that I knowingly failed to disclose a conflict of interest. I find this conclusion highly insulting and offensive.’
Mr Skelly told iomtoday: ’It’s a very historical report into events going back to the last administration shortly after I was made Minister.
’In hindsight there could be a perceived conflict. But the original meeting was inquorate with no legal standing.
’When it came back I excused myself but the same decision was made.’
Responding to an FoI request in June last year for the report to be released, the Cabinet Office initially said it was ‘unable to confirm or deny whether it holds the information’.
In a decision notice issued in October, the Information Commissioner upheld the applicant’s complaint.
The Commissioner said: ‘Absolute exemption for personal data cannot apply to information about a person exercising functions as a Minister of a department.
‘Cabinet Office cannot, therefore, “neither confirm nor deny” whether the information is held.’
In an April 2012 letter to the planning committee Mr Shimmin described the applicant as a man of significant financial means and said the island benefited from his trading activity.
He said the £4.16m development at Meary Voar would create jobs and provide more than £466,000 in Exchequer benefit.
In a second letter in June that year, he described the applicant as having a ’proven track record of delivering significant business and financial benefit.’
He said the development went hand in hand with the construction of a new aircraft hangar at Ronaldsway.
And he warned if the application was unsuccessful there was a ’real and identifiable risk’ that the applicant would relocate to a ’jurisdiction that will facilitate all aspects of his business in the future’.
The owners of Meary Voar are currently appealing against their conviction in connection with a multi-million pound VAT fraud.