BNP councillor's vow despite barring bid

| Thursday, 20 May 2004 Source: www.expressandstar.com

Controversial councillor Simon Darby has vowed he will continue as a councillor despite a row over his eligibility to stand for re-election.

The BNP representative was elected to Dudley Council last year although resident in Cannock.

That meant to qualify as a councillor he had to prove that he either owned or rented a business or worked as an employee in the borough.

Last year he named the Albion Works industrial estate in Brierley Hill as his place of work.

Mr Darby is seeking re-election on June 10 and has cited his work as a councillor for Dudley Metropolitan Borough Council as his qualification, which has angered colleagues who claim it is not a job but a service to the community.

Dudley's Labour leader Councillor David Sparks said it is an outrage that somebody who does not live in the borough should be on the council.

"It has always been a source of amazement to me that this candidate has had the cheek to manipulate the rules in order to get elected in Dudley," he said.

"Being a member on the council is insufficient qualification to stand for the council.

"If he has no other employment in the borough and does not live in the borough he should be disqualified immediately and struck off the ballot paper."

Councillor Richard Burt, Liberal Democrat leader, said Mr Darby could only claim his qualification as a councillor if he could prove it made up the majority of his income.

He said: "I find it quite incredible to believe that his council allowances of £6,000 are his main income, especially with those sharp suits he wears!

"If it is possible for the council to challenge Councillor Darby's candidacy I will expect them to do so - I am challenging him to substantiate his claims.

"What this does show is that he has no real connection with this area, and is simply using the seat in Dudley to further his own ambitions."

Conservative councillor Charles Fraser-Macnamara, who is a solicitor, said he was "surprised" that Mr Darby's principal place of business is the council offices. He added that further investigations may be necessary.

But Mr Darby, regional organiser for the far-right party, insisted he is going nowhere.

He attacked his critics as mischief-makers and said: "I wouldn't stand if I was not legally entitled to, but case law says I can do it and my nomination has been approved by the election office.

"At the end of the day I'm just being honest - last year Albion Works was my principal job but gradually my council work has taken over.

"I'm in Dudley nearly every day at the moment."

Dudley Council's chief executive Andrew Sparke, returning officer for the election, said lawyers are checking the legality of Mr Darby's nomination.

He said it had already been accepted so nothing could be done before the election, but added that councillors or worried residents could put together an electoral petition if he retains his seat.