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Which Sector? > Local Authorities > Renfrewshire Council > LA/R/116 & 117

Note Of Decision Web Version

Complaint no. LA/R/116 & 177 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Richard Manser of Renfrewshire Council

1. Complaint numbers LA/R/116 and LA/R/117 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Richard Manser ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the key principles relating to Duty, Integrity and Leadership.

3. The persons complaining ("the complainants") alleged that the respondent sought sexual favours in return for money and that this impacted adversely on his integrity and accessibility, and on the public's trust and confidence in him as a councillor.

4. The complaints were based on press reports of a criminal case which was heard at Paisley Sheriff Court on 23 August 2004. In mitigation to a charge of vandalism brought against another person it was alleged that Councillor Manser (whose property had been damaged) had offered money to the accused's partner in return for sexual favours. The respondent was not present in the courtroom when this statement was made and was unaware of it until reading the subsequent press reports.

5. The complainants formed the view that this conduct by Councillor Manser, if true, would impact adversely on his ability and fitness to undertake his duties as a councillor. In particular they expressed concern as to public confidence in the respondent and the poor reflection that conduct of this nature would place upon the Council.

6. The respondent denied the allegation but agreed that during the autumn of 2003 he had befriended the woman concerned, whose partner was then in custody. The respondent stated that the relationship was restricted to friendship and that her partner was aware of the situation. On 9 November 2003 the woman's partner smashed a window at the respondent's house and it was this offence which led to the court case.

7. In making their allegations the complainants relied upon press reports of a statement given by way of mitigation in relation to a criminal case. This statement is refuted by the respondent. The complainants allege that by not denying the statement that he offered to pay for sexual favours Councillor Manser tacitly accepted that the statement was true. No evidence whatsoever has been adduced to prove this statement and no criminal charge has been brought against the respondent in relation to this matter. While the press report is accurate as to the statement made in court, it is important to note that the respondent was not present when it was made and therefore unable to refute it at the time. He has since, through his solicitor, raised the matter with the Procurator Fiscal.

8. I found that the circumstances giving rise to the court case took place outwith the respondent's role as a councillor and that, in any event, the statement by way of plea in mitigation was made without any opportunity on the part of Councillor Manser to refute it, which he does. I also found it would be unreasonable to expect Councillor Manser to take any further steps to repudiate the statement in question.

9. Having considered the information arising from my investigation, I concluded that Councillor Richard Manser 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 February 2005