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Complaint no. LA/An/91 & 97

Concerning an alleged contravention of The Councillors' Code of Conduct by Councillors Stewart McGlynn and Helen Oswald of Angus Council

1. Complaint numbers LA/An/91 and LA/An/97 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillors Stewart McGlynn and Helen Oswald ("the respondents").

2. It was alleged that the respondents had contravened the Code, in particular, section 2 relating to Accountability and Stewardship, and Openness; and section 5 relating to Declaration of Interest. It was further alleged that Councillor McGlynn breached section 2 relating to Respect.

3. The persons complaining in complaint number LA/An/91 ("the first complainants") complained about a planning application which was approved at the Development Control Committee meeting on 17 June 2004. The first complainants are Councillors Robert Spink, Ruth Leslie-Melville and David Lumgair, who are also members of Angus Council. They alleged that although Councillors McGlynn and Oswald declared an interest in the planning application, they remained present in the meeting and voted on the application. The complainants also said that, during the meeting, Councillor McGlynn, who is Convener of the Development Control Committee, was discourteous to Councillor Leslie-Melville; that he interrupted Councillor Spink during a speech and limited his speech to five minutes, whereas another councillor was allowed to speak for ten minutes.

4. The person complaining in complaint number LA/An/97 ("the second complainant") complained that although Councillor McGlynn and Councillor Oswald declared an interest in item 22 on the Agenda, they remained present during discussions which took place at the meeting and voted on the planning application, ensuring that an amendment to oppose the application was defeated.

5. The planning application in question related to proposed quarrying operations at Boysack Mill Quarry. Angus Council has an interest in Boysack Mill Quarry by virtue of its interest in Tayside Contracts who, if the planning application for quarrying operations were approved, were likely to be the operators of the quarry.

6. Tayside Contracts is a Joint Committee established under section 57 of the Local Government (Scotland) Act 1973. It is a commercially based local authority contracting organisation providing a variety of services throughout the Tayside area. Its constituent local authorities are Angus Council, Dundee City Council and Perth & Kinross Council. Joint Committees are composed exclusively of councillors who are appointed by their own local authority. Councillors Stewart McGlynn and Helen Oswald are members of Tayside Contracts Joint Committee, having been appointed to the Joint Committee by Angus Council. Any member of the Council can be appointed as, or substitute for, a member of the Joint Committee.

7. Where councillors have an interest in a matter of Council business, Section 5 of the Code of Conduct normally places a requirement on councillors to declare that interest and to decide whether or not it precludes them from participating in the business being conducted. However, section 5.10 makes it clear that a councillor's membership of statutory Joint Boards or Joint Committees does not raise any issue of declaration of interest in regard to Council business. In view of this, Councillors McGlynn and Oswald were not obliged to leave the meeting and consequently there was no breach of the Code of Conduct on their part.

8. Turning to the complaint that Councillor McGlynn did not show respect for Councillors Spink and Leslie-Melville, it was alleged that he was discourteous and that he restricted the time allowed for Councillor Spink to deliver his speech.

9. The investigation established that the meeting was an evening sitting of the Development Control Committee chaired by Councillor McGlynn. Councillor Spink was permitted to address the Committee on the Boysack Mill Quarry application for five minutes, which was entirely in accordance with Standing Orders. Although another councillor was allowed to speak for ten minutes, this again was in accordance with Standing Orders because the councillor was speaking on two applications. Councillor McGlynn, as Convener, interrupted Councillor Spink who wished to speak for longer, and he asked Councillor Leslie-Melville to be seated when she intervened on Councillor Spink's behalf. It was acknowledged that tensions may arise between the need to make progress through a lengthy agenda and the desire of members to make their points. However, no breach of the Code of Conduct was found in regard to Councillor McGlynn's handling of the meeting.

10. Having considered the information arising from my investigation, I concluded that, Councillors Stewart McGlynn and Helen Oswald had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
01 November 2004