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Note Of Decision Web Version

Complaint Number LA/PK/182 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Margo Lennie of Perth & Kinross Council

1. Complaint number LA/PK/182 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Margo Lennie ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the provisions relating to Respect contained in paragraph 3.2 of the Code of Conduct.

3. The person complaining ("the complainant"), Councillor Alistair Barr, alleged that the respondent made an unsubstantiated statement that brought the Council into disrepute, was disrespectful to officers, and potentially alarming and confusing to the victims of domestic abuse.

4. The complainant was the Convener of Perth & Kinross Council Community Safety Committee. The respondent was a member of that Committee. On 19 January 2005 a report was presented which detailed a multi-agency plan for the local delivery of the national strategy on preventing domestic abuse. The respondent expressed concern that progress was slow in Perth & Kinross and that the Council was 'bottom of the league' in taking action on domestic abuse. She was unable to support this statement with substantive evidence.

5. The meeting of the Public Safety Committee was one to which public access was permitted and its proceedings were reported in the press. While the respondent's comments were critical of the Council they did not refer to any individual and might indeed have been interpreted as giving support to their endeavours by seeking further Council resources. No ruling was made by the complainant as Convener of the meeting. In all the circumstances, I did not consider that the respondent showed disrespect to any Council officer and found to that effect.

6. The complainant also asserted that the respondent's comments brought the Council into disrepute. The Code does include, in section 2, key principles such as Leadership in terms of which councillors are under a duty to promote the principles by leadership and example and to maintain and strengthen the public's trust and confidence in the integrity of the Council. It would however be wrong to hamper a councillor's ability to seek service improvements by levelling criticism at aspects of performance. In making such comments councillors should show balance and found them on a sound evidential basis. In this case the respondent may indeed have presented an exaggerated view of the Council's performance of domestic abuse, but the effect on the Council's reputation can only be speculative. I did not consider however that her comments, or their motivation, could be regarded as breaching any provision or principle of the Code.

7. Confidence in the willingness of the Council and its partners to take domestic abuse seriously is desirable. The complainant, as Convener of the Public Safety Committee, sought to maintain and increase the level of confidence. The respondent, who had a particular interest in domestic abuse issues, shared that view. I considered that on this occasion her remarks were prompted by a concern that the Council had not shown sufficient commitment and were intended to prompt additional impetus. The Council itself has statutory responsibilities in relation to domestic abuse and I did not consider that the press accounts of the respondent's criticism would impact adversely on the integrity of the Council or the Domestic Abuse Forum.

8. Having considered the information arising from my investigation, I concluded that Councillor Margo Lennie had not contravened the Councillors' Code of Conduct.

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