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Complaint no. LA/G/605 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor William McAllister of Glasgow City Council

1. Complaint number LA/G/605 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor William McAllister ("the respondent"). The person complaining ("the complainant") alleged that there was misconduct towards himself and others by the respondent.

2. The complaint concerned the alleged actions of the respondent while he was canvassing outside a polling station on election day, 3 May 2007. The complainant said the respondent directed a torrent of abuse towards a member of his staff, his wife and himself. The complainant also raised a similar incident which occurred when one of his customers was leaving his business premises on the same day.

3. The events complained of took place on election day, 3 May 2007. The position is that, prior to an election, councillors retire from office in terms of section 5 (4) of the Local Government etc. (Scotland) Act 1994 as amended. In effect, the respondent ceased to be a councillor at midnight on 2 May 2007. Therefore, the respondent was not a councillor but was, rather, a candidate when the alleged events took place on 3 May 2007. The count in Glasgow started in the early hours of the morning of 4 May and the successful candidates were duly declared elected later that day. The result is that, on 3 May 2007, William McAllister did not hold the office of councillor and he was not undertaking official duties in the Council at the time of the alleged incidents.

4. Having considered the information, I concluded that the Councillors' Code of Conduct did not apply to the respondent as he was not a councillor at that time.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
27 July 2007