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Complaint no. LA/NL/598 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Paul Delaney of North Lanarkshire Council

1. Complaint number LA/NL/598 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Paul Delaney ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the key principle of Respect contained in section 2, and the provisions on Courtesy set out in section 3.

3. The person complaining ("the complainant") alleged that while attending the constituency office of Mr Michael McMahon, MSP, 188 Main Street, Bellshill, the respondent entered the premises, pushed the complainant aside, stood on his foot and exacerbated an existing injury, and spoke in a loud and aggressive manner.

4. In considering the validity of this complaint I was required to examine it against the terms of the Councillors' Code of Conduct. Not all conduct by elected members falls within the provisions of the Code, which primarily addresses the manner in which they should conduct themselves in undertaking their duties in the Council. To establish a breach of the Code it is therefore necessary to establish a link between the conduct complained of and the Councillor's duties as an elected member.

5. In this case it was evident that the purpose of the respondent's attendance at the premises was in relation to a private matter outwith the course of his duties as an elected member. While courtesy and respect are desirable in any individual, these qualities are only expressed formally within the Code in relation to the conduct of elected members in Council proceedings, or towards colleagues or Council employees. As the conduct complained of did not take place within such proceedings, or towards such categories of individual, no breach of the Code can have taken place, and I found accordingly.

6. Having considered the information that arose from my investigation, I concluded that Councillor Paul Delaney had not contravened the Councillors' Code of Conduct.

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