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Decision of the Hearing Panel of the Commission following the Hearing held in East Renfrewshire on the 6th October 2004
The Complaint relates to a public meeting of The West of Scotland Secure Care Centre Steering Group in Barrhead, East Renfrewshire. The purpose of the meeting was to inform and consult with the public about the proposed Secure Unit, and a location close to Barrhead was on the shortlist. The Complainant, Councillor Owen Taylor, a member of the Council and its Leader attended the meeting and made a complaint to the Standards Commission for Scotland alleging that Councillor Devlin had, at the meeting, breached the principles of leadership and respect set out in section 2 of the Code.
Leadership: You have a duty to promote and support the principles of the Code of Conduct by leadership and example and to maintain and strengthen the public's trust and confidence in the integrity of the Council and its councillors in conducting public business.
Respect: You must respect all other councillors and all Council employees and the role they play, treating them with courtesy at all times.
The Chief Investigating Officer (CIO) reported to the Standards Commission that after investigating the complaint he had concluded that Councillor Devlin had breached the Code of Conduct by failing to show respect to the Chair of the meeting, to a fellow Councillor, to members of the public and to others who were present. Link to LA/ER/26 - Report to the Commission by the Chief Investigating Officer.
After reviewing the CIO's report, The Standards Commission decided to hold a Hearing, which took place in East Renfrewshire on 6 October 2004.
Panel Members : Mrs Linda Costelloe Baker (Chairman) Mrs Wendy Goldstraw Mrs Elinor Smith
The CIO presented his case that Councillor Devlin had breached the Code, and called two witnesses, Professor Irving, who had chaired the public meeting, and Mrs Aitken, who had attended as a member of the audience, but who is a member of the Steering Group, and employed by East Renfrewshire Council.
Councillor Devlin, as is his right, chose not to attend for the first part of the hearing. The Panel Chairman read aloud a written statement provided by Councillor Devlin on 30 August 2004. Councillor Devlin did attend to hear the decision on whether he had breached the Code.
The Hearing Panel considered all of the evidence provided in writing and given orally at the Hearing, plus the submissions made by the CIO and by Councillor Devlin.
The Panel found that Councillor Devlin was acting as a Councillor when he attended the public meeting and that he was, therefore, required to abide by the Code of Conduct.
The Panel found that Councillor Devlin failed to follow the reasonable direction of the Chair of the public meeting in that he did not stop addressing the meeting when asked, on three occasions, to do so. The Panel noted that in the early part of the meeting Councillor Devlin joined in general shouting and interruptions from some members of the audience. The Chair of the meeting needed to ask that the shouting stop so that the presentation by the Steering Group to the public could take place. The Panel concluded that Councillor Devlin contributed to the general disorder and in doing so failed to show respect to the Chair of the meeting and to members of the public who had attended in order to listen to the presentation.
The Panel concluded that Councillor Devlin breached the Code of Conduct by failing to support the principles of the Code by leadership and good example, and by failing to maintain and strengthen the public's trust and confidence in the integrity of the Council and its Councillors in conducting public business.
Both the CIO and Councillor Devlin then provided comments relating to the sanction that should be imposed.
The Panel considered carefully which of the sanctions available to the Commission would be appropriate. The Panel decided that a period of disqualification would be disproportionate for a single event at a time of high emotion. The Panel decided that censure was inappropriate because the breach of the Code was serious, noting that Councillor Devlin, in his comments on sanction, continued to focus on difficulties with a fellow Councillor, rather than on his own lack of respect for the Chair of the meeting and for members of the public who were present.
The Panel decided that a short period of suspension was necessary to mark the seriousness of the breach of the Code of Conduct and the failure to lead by good example. The Panel took into account that the meeting on 5 November 2003 was a well attended and important public event with many people being disadvantaged by Councillor Devlin's conduct.
The Standards Commission decision is that Councillor Devlin will be suspended for a period of 3 months, starting on 21 October 2004, from attending all meetings of East Renfrewshire Council, and from all meetings of committees and sub-committees of that Council [Ethical Standards in Public Life etc. (Scotland) Act 2000 Section 19 (1) (b) (i) and (ii)]
The Panel determined that there should be no award of Expenses under Rule (13)(1) of the Commissions Hearing Rules.
L M Costelloe Baker
Panel Chairman
7 October 2004
© Standards Commission for Scotland 2002-08