LA/ER/26 – Report to the Commission by the Chief Investigating Officer

Concerning an alleged contravention of The Councillors' Code of Practice
by Councillor Danny Devlin of East Renfrewshire Council

1.0 Introduction
2.0 Outline of the Complaint and the Response
3.0 The Investigation
4.0 Consideration of the Complaint and the Response
5.0 Findings and Conclusions
Appendix A Letter from Councillor Owen Taylor dated 13 November 2003
Appendix B Letter from Councillor Owen Taylor dated 28 November 2003
Appendix C 2nd letter from Councillor Owen Taylor dated 28 November 2003
Appendix D Letter from Councillor Owen Taylor dated 9 December 2003
Appendix E Letter from Councillor Owen Taylor dated 10 December 2003
Appendix F Press Article dated 19 November 2003
Appendix G Letter from Councillor Danny Devlin dated 29 November 2003
Appendix H Witness statement letter from Mr William Young
Appendix I Witness statement letter from Ms Dawn Quinn
Appendix J Witness statement letter from Mr Colin Sommerville
Appendix K Witness statement letter from Mr Raymond McCool
Appendix L Letter from Bruce McFee, MSP dated 28 November 2003
Appendix M Letter from Stewart Maxwell, MSP dated 3 December 2003
Appendix N Letter from Mr Jeff Hawkins dated 25 November 2003
Appendix O List of interviewees
Appendix P Minutes of meeting of Barrhead Community Council held on 4 September 2003
Appendix Q Witness statement letter from Mr J Vincent Waters
Appendix R Letter from Mr J Vincent Waters, dated 9 December 2003
Appendix S Letter from Councillor Danny Devlin to Councillor Owen Taylor
Annex A Letter to Councillor Danny Devlin enclosing Draft Report dated 20 May
Annex B Letter from Councillor Danny Devlin received 2 June 2004
Annex C Chief Investigating Officer's comments on representations submitted by Councillor Danny Devlin

1.0 Introduction

1.1 Complaint number LA/ER/26, alleges contravention of the Councillors' Code of Conduct ("the Code"). The Code was issued by Scottish Ministers in terms of section 1 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 ("the 2000 Act") and came into effect on 1 May 2003.

1.2 The person making the complaint is Councillor Owen Taylor ("the complainant") who is the Labour Leader of East Renfrewshire Council and represents the Barrhead Central ward on the Council. The complaint is against Councillor Danny Devlin ("the respondent") who represents the North Neilston and West Arthurlie ward on the Council. Councillor Devlin was formerly a member of the Labour party but was expelled from the party for standing as an independent candidate. He was elected to the Council at the elections in May 2003.

1.3 The complainant alleges that the respondent's conduct at a meeting of Barrhead Community Council on 4 September 2003 and after he left this meeting, and at a public meeting in Barrhead on 5 November 2003 to discuss the location of the West of Scotland Secure Unit, was, variously, loud, rude, aggressive and disrespectful to him and to others.

1.4 The complainant also alleges that, at a meeting which he held on 11 November with representatives of a body called Voluntary Action East Renfrewshire (VAER) (at which the respondent was present) the respondent showed a lack of respect for him and failed to maintain the highest standards of conduct as required by the Role Descriptions for Elected Members of East Renfrewshire Council.

1.5 The complainant is of the opinion that, in relation to each of these incidents, the respondent's conduct represents a breach of the Councillors' Code of Conduct.

Section 2 of the Code sets out the key principles of the Code.

With regard to Leadership it states:

"You have a duty to promote and support these principles 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."

With regard to Respect it states:

"You must respect all other councillors and all Council employees and the role they play, treating them with courtesy at all times."

Section 3 of the Code relates to General Conduct.

Paragraph 3.1 states:

"The principles of good conduct in this section must be observed in all situations where you act as a councillor, including representing the Council on official business".

Paragraph 3.18 states:

"You may be appointed or nominated by the Council as a member of another body or organisation. If so, you will be bound by the rules of conduct of these organisations and your responsibility for any actions taken by you as a member of such an organisation will be to the organisation in question. You must also continue to observe the rules of this Code in carrying out the duties of that body."

1.6 The complainant is also of the opinion that the respondent has broken the guidance in the Council's Role Descriptions for Elected Members which requires councillors, inter alia, "to maintain the highest standards of conduct."

1.7 This report has been prepared for submission to the Standards Commission for Scotland in terms of section 14(2) of the 2000 Act. The report was submitted in draft form to the respondent for any representations. Details of the invitation to make representations, representations received and the extent to which the representations have been accepted or otherwise are set out in Annexes A to C.

2.0 Outline of the Complaint and the Response

2.1 The Complaint

The complaint is set out in a series of five letters from the complainant which are attached as Appendices A to E. With his letters the complainant enclosed extracts from recent editions of the local paper, the Barrhead News. They contained a letter and articles which were critical of the exchange which took place between the complainant and the respondent at the meeting on 5 November 2003. Copies of these extracts are attached as Appendix F.

2.2 The Response

The response by the respondent is in a letter dated 29 November 2003, a copy of which is attached as Appendix G. In support of his response the respondent enclosed "witness statements" from five persons, one of whom was at the meeting on 4 September, two of whom were at the meeting on 5 November and two of whom were at both meetings. Copies of these statements are attached as Appendices H to K and Appendix Q.

2.3 In addition, letters relating to the meeting of 5 November were received from Mr Bruce McFee and Mr Stewart Maxwell, Members of the Scottish Parliament. Copies of these letters are attached as Appendices L and M.

2.4 The respondent has confirmed that he is familiar with the Councillors' Code of Conduct but indicated that he had been unable to attend the training session for councillors which had taken place in June 2003.

2.5 For the purpose of my investigation I was assisted by Mr Harris Wells and Mr Howard Llewellyn, Investigating Officers.

3.0 The Investigation

3.1 The initial stage of the investigation involved seeking information from the Chief Executive and the Director of Central Services, who is also the Monitoring Officer of the Council. This included:

- confirmation of the status of the complainant and the respondent as elected members of the Council;
- confirmation that the complainant and the respondent had been formally nominated by the Council to represent the Council on Barrhead Community Council;
- clarification as to whether the public meeting held in Barrhead on 5 November 2003 to discuss the location of the West of Scotland Secure Unit had been organised by the Council.

The letter from the Monitoring Officer dated 25 November containing this information is attached as Appendix N.

3.2 I also took evidence individually from the complainant, the respondent, an elected member of the Council, an MSP, the Monitoring Officer, some members of Barrhead Community Council and various other people. A list of those who were interviewed is set out in Appendix O. The interviews were carried out during the period 12 December 2003 to 10 February 2004.

3.3 The meeting of Barrhead Community Council on 4 September 2003 was the normal monthly meeting. The public meeting held in Barrhead on 5 November was arranged by the West of Scotland Secure Care Centre Steering Group to discuss the location of the West of Scotland Secure Unit, which is proposed to be used to detain persons who are mentally disturbed. It was one of a series of meetings held in areas which were potential sites for the Unit. The meeting on 11 November 2003 between the complainant and VAER was to discuss a project in Barrhead which VAER wanted the Council to support financially.

3.4 The minutes of the meeting of Barrhead Community Council held on 4 September 2003 are attached as Appendix P. There are no minutes relating to the public meeting held in Barrhead on 5 November 2003 or in respect of the meeting between the complainant and VAER on 11 November 2003

4.0 Consideration of the Complaint and the Response

4.1 Meeting of Barrhead Community Council on 4 September 2003

The complainant and the respondent were both present at the meeting of Barrhead Community Council on 4 September 2003. They attended in their capacity as ex-officio members of East Renfrewshire Council representing the area or part of the area of the Community Council. As ex-officio members they were not entitled to vote.

Mr John Kinloch, Community Resources Manager for East Renfrewshire Council, was also present.

4.2 At the meeting the subject of the location of the West of Scotland Secure Unit came up for discussion. The minutes record that Councillor Devlin felt that Councillor Taylor had not done enough to inform or consult with people of Barrhead on this matter. Councillor Taylor refuted this and referred to the Cabinet meeting of East Renfrewshire Council when this matter had been discussed. The minutes of the Community Council state that "a heated discussion ensued" and record that Ms Norma Duncan, a member of the Community Council, "expressed her concern that, during the previous heated discussions, there was too much political points scoring going on and reminded members that this was not why we were here."

4.3 In his letters of complaint Councillor Taylor states that Councillor Devlin wrongly interjected during the "Correspondence" section of the meeting and demanded that he answer questions but prevented him from doing so by interrupting him repeatedly shouting "answer the question." In Councillor Taylor's view this showed disrespect both for him and for members of the Community Council.

4.4 At interview Councillor Taylor confirmed this version of events and further stated that Councillor Devlin asked him how much he earned as a member of Argyll and Clyde Heath Board and whether he was there to represent the people.

4.5 In his letter of 29 November 2003 Councillor Devlin states that during a discussion on the West of Scotland Secure Unit Councillor Taylor was asked if he sat on the Argyll and Clyde Health Board. He would not give a direct answer. The question was asked repeatedly and no response was given. Councillor Taylor then accused him of portraying gutter politics for asking this question.

4.6 Councillor Devlin confirmed this at interview and said he had asked the question for the benefit of other people. He denied having shouted or being aggressive. At the subsequent meeting of the Community Council on 2 October 2003 Councillor Devlin apologised if his contribution at the previous meeting had seemed disruptive.

4.7 When he provided his letter of 29 November 2003 Councillor Devlin enclosed a number of "witness statements." These were from people who were present at either the 4 September or 5 November meeting or, in some cases, both meetings. Councillor Devlin had approached these people after receiving intimation from the Investigating Officer that a complaint had been lodged against him and had requested them to provide a statement setting out their recollection of the incidents between him and Councillor Taylor.

4.8 One such statement was from Ms Dawn Quinn who is a member of the Community Council. In her statement Ms Quinn confirms that Councillor Devlin asked Councillor Taylor if he was a member of Argyll and Clyde Health Board. When Councillor Taylor refused to answer the question after being asked several times Councillor Devlin became upset but at no time was he in any way aggressive.

4.9 Mr Raymond McCool, another member of the Community Council, also provided a statement. He described, in similar terms to Ms Quinn, the exchange which had taken place between Councillor Taylor and Councillor Devlin. His view is that at no time did the exchange become aggressive or abusive and described it as a robust debate.

4.10 At interview Mr McCool stated that the question to Councillor Taylor regarding his membership of Argyll and Clyde Health Board had been put five or six times and described the exchange as forceful and combative but not rude or aggressive.

4.11 A further statement relating to the 4 September meeting was provided by Mr Vincent Waters who is the Treasurer of the Community Council. In a subsequent letter dated 9 December 2003 to the Chief Investigating Officer Mr Waters said the he had felt pressurised by Councillor Devlin into providing the statement and requested that it be deleted from consideration of the complaint. In view of this I have not referred to the contents of Mr Water's statement. Copies of the earlier (undated) letter and the letter of 9 December 2003 are attached for information as Appendix Q and Appendix R.

4.12 At interview Mr Waters confirmed that Councillor Devlin had called at his house and asked him to provide a statement. Mr Waters agreed to his request. Over the course of the next day and a half Mr Waters received four or five telephone calls and two e-mails from Councillor Devlin inquiring if the statement was ready. Councillor Devlin called at Mr Waters' house on the Saturday evening to collect it. Although Councillor Devlin made no attempt to influence the content of the statement Mr Waters felt that he had been put under pressure to provide it and, on reflection, decided that he wished to withdraw it.

4.13 At interview Mr Waters indicated that the question put to Councillor Taylor by Councillor Devlin, at the meeting on 4 September, regarding his membership of the Health Board had been asked six times. He stated that Councillor Devlin was loud and aggressive and was trying to make Councillor Taylor uncomfortable in public. In his view Councillor Devlin was disrespectful to Councillor Taylor.

4.14 Mr Kinloch, the Community Resources Manager of East Renfrewshire Council, was present at the meeting of 4 September. He stated, at interview, that Councillor Devlin had challenged Councillor Taylor regarding his membership of the Health Board and had alleged that he was well paid for representing the public on the Board. In his view Councillor Devlin's behaviour was loud and aggressive.

4.15 The second part of Councillor Taylor's complaint concerning the meeting of 4 September relates to events which he alleges occurred after he left the meeting at around 9pm. He states that as he approached the main exit of the building Councillor Devlin, who had followed him out of the meeting, said he wanted words with him and asked him to "step outside." Councillor Taylor told him he was happy to talk to him in the building but as the situation was becoming embarrassing he agreed, reluctantly, to go outside. Once outside Councillor Devlin insisted on moving to the rear of the building to the car park, which was out of public view. Again Councillor Taylor agreed reluctantly and, once at the rear car park, he alleges that Councillor Devlin angrily accused him of ignoring him and warned him as to his future conduct. Councillor Taylor refuted these accusations and reminded Councillor Devlin that he had personally welcomed him on to the Council and given him support. Councillor Taylor claims that Councillor Devlin's behaviour was aggressive and that by inviting him to step outside and continually changing the locus of the discussion to less public areas this was sustained aggression and an attempt to bully. Councillor Taylor states that the incident inside the Council entrance was witnessed by the Council Officer who was on duty.

4.16 In his letter Councillor Devlin states that after he left the meeting he asked Councillor Taylor why he had accused him of being a gutter politician when they had both been elected under the same system. He admits that he did ask Councillor Taylor to come outside when they were in the entrance to the building but denies that he asked him to go to the car park at the rear of the building or that he was aggressive or insulting to him at any time.

4.17 The Council Officer who was present at the entrance to the Council Offices in Barrhead on the evening of 4 September was Mr Joseph Hay. He confirmed that Councillor Devlin had suggested to Councillor Devlin that they should go outside to talk and that the exchange had lasted for approximately one minute. It was not heated and, as the councillors left the building, he saw nothing on his monitor to indicate that there was any likelihood of trouble.

4.18 On the day following the Community Council meeting Councillor Taylor wrote to Mr Jeff Hawkins, the Council's Director of Central Services and the Monitoring Officer, expressing his concern regarding Councillor Devlin's aggressive and discourteous behaviour. He related the events which had occurred after he left the meeting and repeated his concerns regarding Councillor Devlin's conduct and behaviour.

4.19 Mr Hawkins has stated that at a subsequent meeting which he had with Councillor Devlin he (Councillor Devlin) said that he was aggrieved that Councillor Taylor would not answer his questions and felt that there had been faults on both sides.

4.20 Public Meeting in Barrhead on 5 November 2003

The complainant and the respondent were both present at a public meeting in Barrhead on 5 November 2003. The purpose of the meeting was to enable the West of Scotland Secure Care Centre Steering Group to explain to the public the process which was in place to identify a suitable location for the West of Scotland Secure Unit and the extent to which Dykebar Hospital might be a suitable site for the facility.

4.21 The meeting was well attended with an estimated 250 members of the public present. A number of public representatives were also present including MSPs, some members and senior officers of East Renfrewshire Council and members of Barrhead Community Council. Members of the local press were also present.

4.22 The Steering Group was chaired by Professor George Irving, who is chair of the West of Scotland Secure Care Centre Steering Group. The proposed format of the meeting was a short introductory presentation after which members of the public could request, through the Chair, to put a question to the panel. From discussions with several persons who were present at the meeting it is clear that, because of the nature of the topic, it was a difficult meeting. Emotions were running high, there was a lot of shouting and the Chair had considerable difficulty in maintaining order.

4.23 Throughout the meeting there were many interruptions and much heckling. Members of the Paisley and Barrhead Community Action Group were present at the back of the hall and are said to have participated in this conduct. Councillor Devlin stood at the back of the hall as did some other public representatives.

4.24 Councillor Taylor alleges in his complaint that, before the incident involving himself and Councillor Devlin, the latter had been shouting and making statements while the panel were speaking. When he (Councillor Taylor) was invited by the Chair to address the meeting he made his way to the front of the hall. He had only been speaking for a short time when Councillor Devlin made his way from the back of the hall, stood next to him and began reading from a private letter which he (Councillor Taylor) had written to a member of the public. It is understood that this was a letter which Councillor Taylor had written to the Chairperson of the Paisley and Barrhead Action Group, in which he had expressed concern regarding the process which had been followed for site selection and indicated that he did not consider Dykebar to be a suitable site for the Unit. Councillor Devlin disregarded the Chair's suggestion to allow Councillor Taylor to speak causing the Chair to threaten to curtail the meeting. Councillor Taylor claims that some members of the public approached him later and expressed their embarrassment that Councillor Devlin represented the town of Barrhead. He considers that Councillor Devlin's behaviour showed a lack of respect for the Chair, the public and for him.

4.25 At interview Councillor Taylor stated that when he went to the front of the hall to speak he introduced himself as the Leader of East Renfrewshire Council and a member of Argyll and Clyde Health Board. Councillor Devlin challenged him saying "don't listen to what he says look at what's in the letter." He estimates that the intervention lasted two to three minutes and that the Chair had to intervene several times before Councillor Devlin withdrew.

4.26 In his letter of 29 November Councillor Devlin states that when Councillor Taylor introduced himself he did so only as Leader of East Renfrewshire Council without referring to his membership of Argyll and Clyde Health Board. He (Councillor Devlin) thought this was totally wrong. He also alleges that the statement which Councillor Taylor read was contradictory to a letter he had written to Paisley and Barrhead Action Group. He challenged Councillor Taylor about this and a "discussion" took place between them. The Chair reminded them that this was not a political debate and Councillor Devlin claims that at that point he withdrew to the rear of the hall.

4.27 At interview Councillor Devlin recounted the circumstances which led him to challenge Councillor Taylor. He claimed that Councillor Taylor's intervention in the meeting was stage managed and that when he had stood beside him Councillor Taylor had grabbed his arm. He admits that, on the night, he was somewhat emotive because his daughter had been hospitalised due to a serious medical condition and that he was possibly a bit too passionate and fired up but he denies being aggressive and says that his conduct was under control. He does not accept that he was disrespectful or that he did not set a good example.

4.28 At Councillor Devlin's request a number of persons who were present at the meeting submitted statements detailing their recollection of events. One such statement came from a Mr William Young. He stated that Councillor Devlin did not act in an aggressive manner and although he shouted this was perfectly reasonable and in line with the majority of people who attended the meeting.

4.29 In his statement Mr Colin Sommerville also said that many participants shouted. He described the incident between Councillor Taylor and Councillor Devlin as a "discussion" and stated that when the Chair intervened Councillor Devlin withdrew. In his opinion Councillor Devlin at no time acted in an aggressive manner.

4.30 Mr Raymond McCool, a member of Barrhead Community Council, was present at the meeting on 5 November. In a statement which he submitted he described the exchange which had taken place between Councillors Taylor and Devlin and expressed the view that neither of them had conducted themselves in any way detrimental to their position.

4.31 At interview Mr McCool said that before the incident with Councillor Taylor Councillor Devlin repeatedly asked questions and interrupted the panel on several occasions. When Councillor Taylor began to speak he introduced himself as Leader of East Renfrewshire Council. It took a further challenge to elicit that he was a member of Argyll and Clyde Health Board. The exchange between Councillor Taylor and Councillor Devlin lasted approximately five minutes and the Chair asked Councillor Devlin several times to withdraw. Mr McCool described Councillor Devlin's conduct as forthright.

4.32 Mr Stewart Maxwell MSP, (SNP), confirmed that Councillor Devlin had asked him to provide a statement but had not put any pressure on him to do so or attempted to influence the content. He described the atmosphere as emotionally charged and the meeting as being of a robust nature with a constant stream of comments and shouting from the audience throughout the evening. Councillor Taylor's action in beginning to address the meeting without first introducing himself irritated many people.

4.33 When interviewed Mr Maxwell confirmed the heated nature of the meeting. Before the exchange between the two councillors, Councillor Devlin had been agitated and emotional. Most of the disturbance at that stage had come from the Paisley and Barrhead Action Group. There was a feeling that the panel were being evasive on some issues and the audience became irritated. There were shouts of "answer the question" and Councillor Devlin had joined in these. When Councillor Taylor began to speak he did not introduce himself. After being challenged he explained that he was Leader of East Renfrewshire Council and a member of Argyll and Clyde Health Board. Councillor Devlin came and stood next to Councillor Taylor but there was no physical contact. He produced a letter and began questioning Councillor Taylor about it. Councillor Taylor attempted to ignore Councillor Devlin. The incident lasted approximately one to two minutes and towards the end of the exchange the Chair appealed to the meeting generally for order. Councillor Devlin's conduct was forceful and confrontational but he was not intimidating or aggressive and he acted "within the protocol of the meeting." His behaviour was ill advised but was due to misjudgement and inexperience.

4.34 Mr Bruce McFee MSP, (SNP), submitted a statement which focussed primarily on the status of the letter which Councillor Devlin had challenged at the meeting. He stated that for Councillor Taylor to believe that a supportive letter, to an Action Group fighting a highly contentious issue, would remain private was naive.

4.35 Councillor Roy Garscadden, (Labour), was present at the meeting on 5 November. He stated that Councillor Taylor introduced himself as Leader of East Renfrewshire Council and a member of Argyll and Clyde Health Board. When Councillor Taylor began to speak Councillor Devlin repeatedly challenged him to "answer the point." The interruption lasted approximately two minutes.

4.36 Councillor Garscadden was concerned that, because of his conduct Councillor Devlin was going to do himself damage. This prompted him to write to the Monitoring Officer of the Council. In his letter he said that Councillor Devlin had acted inappropriately at the meeting on 5 November and required to be reminded of the Code of Conduct He expressed concern that the public perception of East Renfrewshire Council could have been damaged by Councillor Devlin's behaviour towards the Leader of the Council.

4.37 Mr Vincent Waters recalled that, prior to the incident with Councillor Taylor, Councillor Devlin had shouted loudly from the back of the hall and had interrupted speakers several times. Councillor Taylor introduced himself when challenged but only as Leader of East Renfrewshire Council. Councillor Devlin rushed to the front of the hall and stood beside Councillor Taylor. Councillor Devlin began reading from a letter but it was not clear what point he was making. The exchange lasted four to five minutes. Councillor Devlin was aggressive, confrontational and intimidating and his conduct was not appropriate for an elected member.

4.38 Mrs Doris Aitken, Manager of Criminal Justice and Young People (Social Work Department) was present at the meeting. She states that during the first part of the meeting Councillor Devlin went to the front of the hall on at least three occasions. He quoted statistics on the prison population, said "it's a done deal" and asked for a show of hands on who wanted the project. He only retreated when he had finished what he wanted to say. He was aggressive and loud. When Councillor Taylor began to address the meting he did not introduce himself. When asked to identify himself he did so as Leader of East Renfrewshire Council and a member of Argyll and Clyde Health Board. Councillor Taylor agreed with the need for a secure unit but made the point that the use of Dykebar, which is a psychiatric hospital, would stigmatise people with mental health. Councillor Devlin rushed to the front of the hall, stood in front of Councillor Taylor and produced a letter. He challenged what Councillor Taylor was saying compared to what was in his letter. The incident lasted approximately five minutes. The Chair intervened on two or three occasions in an attempt to terminate the exchange. Councillor Devlin only withdrew when he had finished what he wanted to say. His voice was raised and his tone was strident. He assumed a stance of leadership and authority and was very disrespectful to Councillor Taylor. The incident sullied the image of the Council and others present at the meeting described Councillor Devlin's conduct as outrageous.

4.39 Professor George Irving is a member of the West of Scotland Secure Care Centre Steering Group and is also the Chair of Ayrshire and Arran Health Board. He chaired the meeting on 5 November. He explained that there would be a short introduction after which members of the audience could ask the Chair for permission to put questions to the panel. He pointed out that there should be no personal attacks. The meeting ran into difficulties from the start with constant interruptions, many of which came from the Paisley and Barrhead Action Group. Their behaviour was unhelpful and disruptive.

4.40 Councillor Taylor asked for permission to speak and came to the front of the hall. Professor Irving did not regard this as provocative given Councillor Taylor's position. On being asked by some members of the audience to identify himself he did so as Leader of East Renfrewshire Council and a member of Argyll and Clyde Health Board. Councillor Devlin rushed to the front of the hall, stood beside Councillor Taylor and began to talk over him. Professor Irving appealed to him to withdraw but he only did so at the third time of asking. The incident lasted four to five minutes. Councillor Taylor presented a balanced view and his conduct was helpful in defusing the situation. Councillor Devlin's conduct was intimidating and excessively disruptive. He was very disrespectful to Councillor Taylor and the Chair.

4.41 As part of the investigation, an attempt was made to establish whether, during the course of their exchange, Councillor Taylor or Councillor Devlin used the microphones which were available to enable members of the audience to put questions to members of the panel. The evidence from those interviewed has been quite variable and because of the inconsistencies it was not possible to establish the position with regard to this specific point.

4.42 Meeting with Voluntary Association East Renfrewshire on 11 November 2003

The final part of Councillor Taylor's complaint was submitted after investigation of his original complaints had begun. It relates to a meeting with a body called Voluntary Association East Renfrewshire (VAER) which was attended by himself and Councillor Devlin along with representatives of VAER and officers of the Council. The meeting was arranged to enable Councillor Taylor, as Leader of the Council to have an informal discussion with VAER regarding financial support which they were seeking from the Council for a major project in Barrhead. As the project was to be in Councillor Devlin's ward he asked Councillor Taylor if he could attend the meeting. Although Councillor Taylor was not keen for Councillor Devlin to attend he agreed, on the condition that he could listen but not participate.

4.43 Councillor Taylor alleges that after the meeting had been going for a few minutes Councillor Devlin addressed a leading question to one of the VAER representatives. Councillor Taylor considered that this was interfering with his ability to discuss the project in an informal manner and asked Councillor Devlin to leave the meeting. He refused and indicated that he would only do so if the VAER representatives wanted him to leave. Councillor Taylor claims that Councillor Devlin said "You'll not do anything in my ward without me being told about it." Councillor Taylor considers that, by his conduct, Councillor Devlin showed a lack of respect for him and that he failed to meet the job description for East Renfrewshire councillors which, inter alia, requires councillors to maintain the highest standards of conduct.

4.44 Councillor Devlin states that he was advised by a member of VAER that a meeting had been arranged with the Assistant Chief Executive on 11 November. On arriving he discovered that the meeting was not with the Assistant Chief Executive but with Councillor Taylor. He refutes Councillor Taylor's claim that it was a condition of his attendance at the meeting that he could only listen but not participate. He claims that when Councillor Taylor asked him to leave the meeting he gave him no reason. He also claims that the members of VAER, when asked by him, wanted him to remain in the meeting. He says that on leaving the meeting Councillor Taylor said that he felt threatened by his behaviour.

4.45 Mrs Anne Marie Kennedy was one of the representatives who attended the meeting on 11 November. At interview she stated that she approached Councillor Devlin about the possibility of a meeting and understood that it would be arranged with the Assistant Chief Executive. She subsequently learnt that the meeting would be with Councillor Taylor. She confirmed that Councillor Taylor had agreed to Councillor Devlin being present on the condition that he did not participate in the meeting. After Councillor Devlin had attempted to ask some questions Councillor Taylor asked him to leave. Councillor Devlin then asked the representatives of VAER if he should leave the meeting. After consultation they advised him that he should. Councillor Devlin proceeded to leave the meeting and said "you'll not do anything in my ward without me knowing about it." Councillor Taylor said "I find that threatening." Mrs Kennedy was aware of a degree of tension between Councillor Taylor and Councillor Devlin even before the meeting started, although she was not aware of the reason for this, and this had served to exaggerate the incident which followed. She considers that both councillors contributed in equal measure to the incident which occurred.

4.46 Mr John Kinloch attended the meeting with Mr Jamie Reid from the Chief Executive's office. Mr Kinloch considers that Councillor Devlin did not treat Councillor Taylor with respect.

5.0 Findings and Conclusions

5.1 The Complaint

This is a complaint by Councillor Owen Taylor of East Renfrewshire Council. Councillor Taylor represents the Barrhead Central ward on the Council and is the Labour Leader of the Council.

5.2 The complaint is against Councillor Danny Devlin. Councillor Devlin represents the North Neilston and West Arthurlie ward as an Independent member of the Council. Councillor Devlin was formerly a member of the Labour party but was expelled from the party after standing as an Independent candidate. He was elected to the Council at the elections in May 2003.

5.3 Councillor Taylor alleges that Councillor Devlin's conduct at a meeting of Barrhead Community Council on 4 September 2003 and after he left this meeting, and at a public meeting in Barrhead on 5 November 2003 to discuss the location of the West of Scotland Secure Unit, which is proposed to be used to detain persons who are mentally disturbed, was, variously, loud, rude, aggressive and disrespectful to him and to others.

5.4 He also alleges that, at a meeting which he held with representatives of a body called Voluntary Action East Renfrewshire (VAER) at which Councillor Devlin was present, Councillor Devlin showed a lack of respect for him and failed to maintain the highest standards of conduct as required by the Role Descriptions for Elected Members of East Renfrewshire Council.

5.5 Councillor Taylor is of the view that the Councillor Devlin's conduct on each of these occasions represents a breach of the Councillors' Code of Conduct.

5.6 The Code of Conduct

The Code was issued by Scottish Ministers in terms of Section 1 of The Ethical Standards in Public Life etc. (Scotland) Act 2000 and came into effect on 1 May 2003. The general principles set out in Section 2 of the Code include the following:

With regard to Leadership it states:

"You have a duty to promote and support these principles 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."

With regard to Respect it states:

"You must respect all other councillors and all Council employees and the role they play, treating them with courtesy at all times."

Section 3 of the Code relates to General Conduct.

Paragraph 3.1 states:

"The principles of good conduct in this section must be observed in all situations where you act as a councillor, including representing the Council on official business".

Paragraph 3.18 states:

"You may be appointed or nominated by the Council as a member of another body or organisation. If so, you will be bound by the rules of conduct of these organisations and your responsibility for any actions taken by you as a member of such an organisation will be to the organisation in question. You must also continue to observe the rules of this Code in carrying out the duties of that body."

5.7 The meeting on 4 September 2003

Councillor Taylor and Councillor Devlin were both present at a meeting of Barrhead Community Council on 4 September 2003 in their capacity as ex-officio members of East Renfrewshire Council. Mr John Kinloch, Community Resources Manager for East Renfrewshire Council, was also present. The minutes of the meeting record that Councillor Devlin felt that Councillor Taylor had not done enough to inform or consult with the people of Barrhead on the subject of the location of the West of Scotland Secure Unit. Councillor Taylor refuted this and referred to the Cabinet meeting of East Renfrewshire Council when this matter had been discussed. The minutes state that a heated discussion ensued and record that a member of the Community Council had expressed her concern that there was too much political points scoring going on.

5.8 Councillor Taylor states that Councillor Devlin wrongly interjected during the "correspondence" section of the meeting and demanded that he "answer the questions" but before he could do so he interrupted him by shouting this phrase repeatedly. Councillor Taylor also states that Councillor Devlin asked him how much he earned as a member of Argyll and Clyde Health Board and whether he was there to represent the people. He claims that Councillor Devlin showed disrespect both for him and for members of the Community Council.

5.9 Councillor Devlin says that during a discussion on the West of Scotland Secure Unit he asked Councillor Taylor if he sat on the Argyll and Clyde Health Board. He would not give a direct answer even after the question had been asked repeatedly. Councillor Taylor accused him of portraying gutter politics for asking the question. He had raised the question for the benefit of other people and he denies that he shouted or that he was aggressive. At the subsequent meeting of the Community Council he apologised if his contribution at the previous meeting had seemed disruptive.

5.10 Councillor Devlin submitted a number of "witness statements" from persons who were present at the meeting to support his position. He had approached these persons after receiving intimation from the Investigating Officer that a complaint had been lodged against him. He requested them to provide a statement setting out their recollection of the exchanges between himself and the complainant at the meeting of 4 September and a subsequent meeting on 5 November.

5.11 In summary, two of the statements from members of the Community Council describe the exchange which took place at the meeting on 4 September as a robust debate and say that Councillor Devlin's conduct was forceful and combative but not rude, aggressive or abusive.

5.12 A further statement was provided by Mr Vincent Waters, Treasurer of the Community Council but he requested later that it be deleted from consideration of the complaint. The reason he gave was that he had felt pressurised into providing the statement and, on reflection, wished to withdraw it. At interview Mr Waters stated that, in the exchange with Councillor Taylor, Councillor Devlin was loud and aggressive and was trying to make the complainant uncomfortable in public. Mr Kinloch concurs with this view describing Councillor Devlin's conduct as loud and aggressive.

5.13 Councillor Taylor claims that the exchange with Councillor Devlin continued after they both left the meeting around 9pm. He alleges that in the foyer of the building Councillor Devlin said he wanted words with him and asked him to step outside. He agreed, reluctantly, to go outside whereupon Councillor Devlin insisted that they go to the public car park at the rear of the building which was out of public view. Once there Councillor Devlin accused him of ignoring him and warned him as to his future conduct. He claims that the incident in the foyer of the building was witnessed by the council officer who was on duty.

5.14 Councillor Devlin states that after he left the meeting he asked Councillor Taylor why he had accused him of being a gutter politician when they had both been elected under the same system. He admits that he did invite Councillor Taylor to come outside but denies that he asked him to go to the car park at the rear of the building or that he was aggressive or insulting to him at any time.

5.15 The council officer who witnessed the exchange between the two councillors confirmed that, while they were in the building, Councillor Devlin asked Councillor Taylor to go outside. In his view the exchange between them was not heated and, as they left the building, he saw nothing on his monitor to indicate that there was any likelihood of trouble.

5.16 Councillor Taylor wrote to the Monitoring Officer of the Council the day after the Community Council meeting expressing his concern regarding Councillor Devlin's aggressive and discourteous behaviour. The Monitoring Officer states that at a subsequent meeting which he had with Councillor Devlin he said that he was aggrieved that Councillor Taylor would not answer his questions and felt that there were faults on both sides.

5.17 With regard to the incident which occurred during the meeting of Barrhead Community Council on 4 September 2003 I found the evidence to be somewhat conflicting. While some of those present consider that Councillor Devlin's conduct was loud and aggressive others describe it as forceful and robust. In assessing these divergent views I have come to the conclusion that Councillor Devlin's conduct, while borderline, did not breach the Councillors' Code of Conduct.

5.18 There is little independent evidence in respect of the incidents which took place after Councillor Taylor and Councillor Devlin left the meeting on 4 September. The exchange which took place in the foyer of the building was witnessed by the council officer on duty. His view is that it was not a heated exchange and that he saw nothing on his monitor as the councillors were leaving the building to suggest that there was any likelihood of trouble. There are no witnesses to what took place in the car park thereafter and no CCTV evidence on which to draw. I have decided, therefore, that there is insufficient evidence to enable me to form a view as to whether, in relation to these specific incidents, there has been a breach of the Councillors' Code of Practice.

5.19 The meeting on 5 November 2003

Councillor Taylor and Councillor Devlin were both present at a public meeting in Barrhead on 5 November 2003. The purpose of the meeting was to enable the West of Scotland Secure Care Centre Steering Group to explain to the public the process which had been followed to identify a suitable location for the West of Scotland Secure Unit and the extent to which Dykebar Hospital might be a suitable site for the facility.

5.20 There were approximately 250 persons at the meeting. These included MSPs, some members and senior officers of East Renfrewshire Council, members of Barrhead Community Council and representatives from the local press.

5.21 The Steering Group was chaired by Professor George Irving. The intended format of the meeting consisted of a short introductory presentation after which members of the public could request, through the Chair, to put questions to the panel. It is clear that emotions were running high and there was much shouting and frequent interruptions from the floor of the meeting. The Chair had considerable difficulty in maintaining order.

5.22 Councillor Taylor alleges that before the exchange between himself and Councillor Devlin the respondent had joined in the general shouting and interruptions from some members of the audience. When he (Councillor Taylor) began to address the meeting Councillor Devlin came to the front of the hall, stood beside him and began reading from a letter which he (Councillor Taylor) had written to the Chairperson of the Paisley and Barrhead Action Group. In the letter he had expressed concern regarding the process which had been followed for site selection and indicated that he did not regard Dykebar as a suitable site for the Unit. He claims that Councillor Devlin challenged him saying "don't listen to what he says look at what's in the letter." He says that the Chair had to intervene several times before Councillor Devlin withdrew. He claims that some members of the public approached him after the meeting and expressed their embarrassment that Councillor Devlin represented the town of Barrhead. In his opinion Councillor Devlin's conduct showed a lack of respect for the Chair, the public and for him.

5.23 Councillor Devlin considers that it was totally wrong for Councillor Taylor to introduce himself only as the Leader of East Renfrewshire Council, without mentioning his membership of Argyll and Clyde Health Board. He alleges that the statement which Councillor Taylor was reading out to the meeting was contradictory to what he had written in his letter to the Action Group. He describes the exchange which took place between them as a "discussion" and claims that he withdrew to the rear of the hall when asked to do so by the Chair.

5.24 Councillor Devlin admits that, on the night, he was somewhat emotive because his daughter had been hospitalised due to a serious medical condition and that he was possibly a bit too passionate but he denies being aggressive and says that his conduct was under control. He does not accept that he was disrespectful to Councillor Taylor.

5.25 At Councillor Devlin's request a number of persons who were present at the meeting submitted statements to my office detailing their recollection of events. In summary, three of the statements said that Councillor Devlin had not acted aggressively and that neither he nor Councillor Taylor had conducted themselves in any way detrimental to their position. One of the three stated that Councillor Devlin had shouted but that this was perfectly reasonable and in line with the majority of people who attended the meeting.

5.26 Statements were also submitted by Mr Stewart Maxwell MSP and Mr Bruce McFee MSP. Mr McFee's statement was largely about the status of the letter which Councillor Devlin had challenged in the exchange with Councillor Taylor. Mr Maxwell's statement focussed more on the events at the meeting. Mr Maxwell also provided information at interview. He described the atmosphere at the meeting as emotionally charged with a constant stream of comments from the audience and much shouting. He indicated that Councillor Devlin had joined in the general shouting from time to time and described his behaviour as agitated and emotional.

5.27 Mr Maxwell considers that Councillor Taylor's failure to introduce himself fully before he began to address the meeting irritated some people. He confirmed that Councillor Devlin produced a letter and challenged Councillor Taylor about it, just after Councillor Taylor began to speak. In his view Councillor Devlin acted "within the protocol of the meeting" and while his behaviour was forceful and confrontational he was not intimidating or aggressive.

5.28 Mr Vincent Waters, Treasurer of Barrhead Community Council, who requested that his statement relating to the meeting on 4 September be withdrawn made a similar request in respect of that part of his statement which related to the meeting on 5 November. At interview he stated that, prior to the incident with Councillor Taylor, Councillor Devlin had shouted loudly from the back of the hall and had interrupted speakers several times. In the exchange which took place he described Councillor Devlin's behaviour as aggressive, confrontational, intimidating and inappropriate for an elected member.

5.29 A senior officer from the Social Work Department who was at the meeting described Councillor Devlin's conduct as aggressive and loud. In the exchange which took place with Councillor Taylor the Chair intervened on two or three occasions but Councillor Devlin only withdrew when he had finished what he wanted to say. His voice was raised and his tone was strident; he assumed a stance of leadership and authority and was very disrespectful to Councillor Taylor. In her opinion the incident sullied the image of the Council and she claims that others present at the meeting described Councillor Devlin's conduct as outrageous.

5.30 Professor George Irving chaired the meeting on 5 November. Professor Irving is also the Chair of Ayrshire and Arran Health Board. The intended format of the meeting was a short introductory address after which members of the audience could seek the Chair's permission to put questions to the panel. Professor Irving stated that the meeting ran into difficulties from the start with constant interruptions. Towards the end of the meeting Councillor Taylor asked to speak and proceeded to the front of the hall to address the meeting. Professor Irving did not regard this as provocative given Councillor Taylor's position. At this point Councillor Devlin rushed to the front of the hall and began to speak over Councillor Taylor. It took three appeals from the Chair before Councillor Devlin withdrew.

5.31 Professor Irving stated that, during the exchange with Councillor Devlin, Councillor Taylor took a balanced view and his conduct was helpful in defusing the situation. Councillor Devlin adopted an accusatory stance towards Councillor Taylor, his conduct was intimidating and excessively disruptive and he was very disrespectful to Councillor Taylor and the Chair.

5.32 There is a considerable measure of agreement, among those who were interviewed, regarding Councillor Devlin's conduct at the public meeting on 5 November 2003. The majority of those interviewed were very critical of Councillor Devlin's conduct describing it, variously, as aggressive, confrontational, intimidating, strident, accusatory, excessively disruptive and disrespectful. In particular, I found the evidence of Mrs Aitken, the senior Social Work officer present, and Professor Irving, the Chair of the meeting, to be clear and credible. Even those witnesses who thought that Councillor Devlin had not behaved aggressively or conducted himself in a detrimental manner conceded that he had shouted and failed to respond to requests from the Chair to withdraw from his confrontation with Councillor Taylor. In his evidence Councillor Devlin admitted that he had forgotten perhaps that he was a councillor and not a community activist. He conceded that he had been quite emotive and, possibly, a bit too passionate but stated that his conduct was within control.

5.33 I have found that, prior to the incident with Councillor Taylor, Councillor Devlin interrupted the meeting on several occasions by moving forward from his position at the back of the hall and shouting. I have also found that when Councillor Taylor began to speak Councillor Devlin moved to the front of the hall, stood in close proximity to Councillor Taylor and interrupted him; that he ignored several requests from the Chair of the meeting to desist; that his demeanour towards Councillor Taylor was aggressive, confrontational and intimidating; and that, by so acting, he did not respect Councillor Taylor, Professor Irving (the Chair of the meeting) or members of the public and others who were present. As such he contravened the provisions of the Code of Conduct on Leadership and Respect which applied to him for the purposes of the meeting.

5.34 I have asked Councillor Devlin if he was prepared to apologise to Councillor Taylor and Professor Irving for his conduct at the public meeting in Barrhead on 5 November 2003. He declined to do so stating that he considered that he had done nothing for which to apologise.

5.35 The meeting on 11 November 2003

The final part of the complaint relates to an informal meeting which took place between Councillor Taylor and representatives of Voluntary Action East Renfrewshire (VAER). The purpose of the meeting was to discuss the possibility of the Council providing financial support for a major project which VAER was proposing. Councillor Devlin had requested to be present at the meeting as the proposed project was in his ward. Councillor Taylor agreed to Councillor Devlin's attendance at the meeting on the condition that he could listen but not participate.

5.36 Councillor Taylor alleges that, within a few minutes of the meeting commencing, Councillor Devlin put a leading question to one of the representatives from VAER. Councillor Taylor considered that this was interfering with his ability to discuss the project in an informal manner and asked Councillor Devlin to leave the meeting. He refused initially and only agreed to do so after asking the VAER representatives if they wanted him to leave. Councillor Taylor alleges that as he left the meeting Councillor Devlin said "you'll not do anything in my ward without me being told about it." He considers that Councillor Devlin showed a lack of respect for him and that he failed to meet the job description for East Renfrewshire councillors which, inter alia, requires councillors to maintain the highest standards of conduct.

5.37 Councillor Devlin refutes Councillor Taylor's claim that it was a condition that he was only permitted to attend the meeting as an observer and says that when Councillor Taylor asked him to leave the meeting he gave him no reason for doing so.

5.38 One of the representatives from VAER confirmed that Councillor Taylor had indicated to Councillor Devlin that he could attend the meeting but not participate in it. She recollected Councillor Devlin saying that nothing would happen in his ward without him being told and Councillor Taylor saying that he felt threatened by Councillor Devlin's behaviour. She was conscious of a certain amount of tension between them from the start of the meeting although she was not aware of the reasons for this and she feels that this served to exaggerate what was a relatively small incident. She considers that both councillors contributed equally to the events which took place.

5.39 The Community Services Manager who was present at the meeting stated that Councillor Devlin did not treat Councillor Taylor with respect.

5.40 After some of the exchanges between Councillor Devlin and Councillor Taylor had taken place Councillor Devlin wrote to Councillor Taylor offering to meet with him to "try to establish a working relationship for the good of the Council". A copy of the respondent's letter (undated) is attached as Appendix S. I understand that Councillor Taylor declined Councillor Devlin's invitation.

5.41 With regard to the incident which occurred between Councillor Devlin and Councillor Taylor at the meeting with representatives of Voluntary Action East Renfrewshire on 11 November I took evidence from one of the representatives who was present at the meeting. Her view was that by elevating the incident to the level of a formal complaint Councillor Taylor had exaggerated its significance. She considered that both councillors had contributed equally to the occurrence of the incident. I was impressed by this witness' common sense assessment of the incident. I have concluded that Councillor Devlin's conduct in relation to this incident was not such as to breach the provisions of the Councillors' Code of Conduct.

5.42 Conclusion

Accordingly I have concluded that -

(i) with reference to the meeting on 4 September 2003, and having regard to the findings in part 5 and in particular paragraphs 5.17 and 5.18 of this report, Councillor Devlin has not contravened the Councillors' Code of Conduct.

(ii) with reference to the meeting on 5 November 2003, and having regard to the findings in part 5 and in particular paragraphs 5.32, 5.33 and 5.34 of this report, Councillor Devlin has contravened the provisions of the Councillors' Code of Conduct on Leadership and Respect.

(iii) with reference to the meeting on 11 November 2003, and having regard to the findings in part 5 and in particular paragraph 5.41 of this report, Councillor Devlin has not contravened the Councillors' Code of Conduct.

D Stuart Allan
Chief Investigating Officer

Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU

09 July 2004