A debate over the controversial dismantling of headstones at Dumfries and Galloway’s cemeteries was held in private by councillors last week.
Council leader Elaine Murray proposed that the matter be discussed away from the public eye due to a legal challenge against the local authority.
Penpont man David Drife is taking the council to court for compensation over alleged damage to four family headstones at Sanquhar Cemetery.
Mid and Upper Nithsdale Councillor Andrew Wood tabled a motion at the council meeting looking for answers on behalf of Mr Drife and numerous other families who have complained about headstones being dismantled and “socketed” into the ground without proper consent.
Mr Wood said: “Some three months ago I approached the director with regards to the complaints and I was assured that there would be a thorough review of policy and procedures taking place.
“Some four to five weeks after that discussion the director came back to me and once again assured me that, having done a thorough review of the policy and processes, that everything was done according to the guidance set out by the Scottish Government.
“My concern is that the only issue he flagged up was poor consultation. He brushed it to the side as not being a big issue.”
As the full council meeting is held in public and debate recordings are later posted online via YouTube, council leader Elaine Murray called for the headstones debate to take place privately.
She said: “If it is going to court then there was the possibility of sub judice.
“I asked our head of legal in terms of governance whether this changed the situation with regards to being able to debate this motion.
“He came back with the advice that yes we can – but it would be better for it to be an exempt item because of the possibility within the debate that something is said which can be used in court.”
Council legal chief Vlad Valiente warned councillors: “There is a significant risk here in terms of claims that have been highlighted and therefore – like any other litigation – my advice is that it should be done as an exempt item.”
Annandale South Councillor Ian Carruthers said: “I think it’s in the interests of openness, fairness and transparency we should hear this in open public debate.”
It was passed on a 25-15 vote for the headstones issue to be debated in private.
Councillors agreed that a further report is submitted to the next meeting of the communities committee on February 3, 2022 about the options that can used to make safe headstones and memorials that have been assessed as needing work.
Council leader Elaine Murray said: “The safety of visitors and staff in our cemeteries is of great importance to our council and that is a priority for this project.
“We recognise that communications with families, local residents and visitors needs to be better, especially as this is an emotive issue for people, and so we approved a series of immediate improvements.
“Councillors also want to have a deeper understanding of the different methods available to making headstones and memorials safe.”
