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Complaint no. LA/AC/110 Concerning an alleged contravention of The Councillors' Code of Conduct by Councillor Sandra Macdonald of Aberdeen City Council

1. Complaint number LA/AC/110 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Sandra Macdonald ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular the key principle in section 2 relating to Respect for other councillors and employees, and in paragraph 3.2 the provisions relating to Relationship with Council Employees.

3. The complaint was made on behalf of Aberdeen City Council by the Corporate Director of Legal and Democratic Services, Aberdeen City Council.

4. The complaint centres around a meeting of Aberdeen City Council in June 2004 when the Council considered an officer's report on the outcome of a consultation process concerning major new road proposals for the city. It is alleged that, in responding to the report and the consultation process, Councillor Macdonald made statements which went beyond recognised standards of political debate.

5. Aberdeen City Council's Administration is a coalition of Scottish Liberal Democrat and Conservative councillors. In early 2003 the Administration instructed officers to draw up proposals for public consultation on the construction of a new bridge across the River Don to form an access route from the north into the city.

6. Councillor Macdonald is a member of the Labour Group, who are opposed to the construction of a third river crossing. Among the options put forward for public consultation was the construction of a new bridge at Tillydrone, which is in Councillor Macdonald's constituency. She considered that a new route through Tillydrone would have an adverse effect on the area, which she said already suffered from other deprivations.

7. Following the public consultation, the officers' report was prepared and the matter was to be determined at the Council meeting in June 2004. Councillor Macdonald prepared a written submission which she asked to be placed before the Council. She said that the report was of a fabricated and dishonest consultation process with the options designed to make people vote for a new bridge at Tillydrone. The real alternative to a new bridge, ie the upgrading of the Haudagain roundabout, was deliberately excluded. No mention had been made of public meetings held as part of the consultation process and no attempt had been made by roads department officers to report the views of people who attended. Nor had officers included the result of a ballot which she had organised at the end of a second meeting in her area. She said this single test of opinion in the most affected community had been excluded and the views of those directly affected had been consistently and systematically disregarded by the Administration.

8. The debate at the Council meeting included a speech by Councillor Macdonald setting out her views and those of the Labour Group. After a vote, the Council resolved to approve a motion by Councillor Ian Yuill that the recommendations in the officers' report be approved. He also moved that the tone of Councillor Macdonald's remarks went beyond the recognised standards of political debate and that this matter should be referred to the Standards Commission.

9. It is clear that this issue is one which divided the Administration and other groups, including Labour. Councillor Macdonald was understandably intent on pursuing her own and her Group's views on the Administration's proposals. Taken at face value, Councillor Macdonald clearly did use words which alleged dishonesty and fabrication of the consultation process. Although Councillor Macdonald considered that the Director's report should have contained much more descriptive information, no evidence had been presented which described the form of such dishonesty. She accepted that one of the main issues which she had wished to promote, the upgrading of the Haudagain roundabout, is outwith the responsibility of the local authority.

10. Councillors are not only entitled, but are perhaps bound, to make the strongest protests when they fear a proposal will have an adverse effect on their constituency. In such cases, when feelings run high, political debate and unreasonable attack can become joined into one. Councillor Macdonald agreed that, with hindsight, she ought to have used different words while still pursuing the points and position she had tried to assert. She had stated that she had no intention of accusing officers of actual dishonesty, and indeed, no officer had complained to that effect. It would indeed have been a more serious matter if officers had perceived that her comments were indeed directed at them, with outright accusations of dishonesty.

11. In this case, I considered that although Councillor Macdonald did go to the edge of acceptable political debate by her choice of words, it is recognised that she was dealing with an issue of particular importance to and effect on her own constituency. A little latitude is permissible in such circumstances, and, particularly bearing in mind that none of the respondent's criticisms were directed at named individuals, I did not consider it could reasonably be concluded, in all the circumstances, that Councillor Macdonald had breached the Code of Conduct on this occasion.

12. However, it is necessary for elected members to bear in mind that, in addition to their constituencies, they have other responsibilities within the Council. Political rhetoric does not include the right to make unsupported accusations. I think the complaint has served to highlight that, for Councillor Macdonald and others, it is necessary to exercise a certain judicious constraint, even where feelings run deep about an issue.

13. Having considered the information that arose from my investigation, I concluded that Councillor Sandra Macdonald had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
23 March 2005