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Which Sector? > Local Authorities > Renfrewshire Council > LA/R/442,445,455,477

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Complaint no. LA/R/442, LA/R/445, LA/R/455 and LA/R/477 concerning an alleged contravention of the Councillors’ Code of Conduct by Councillor Terry Kelly of Renfrewshire Council

1. Complaints numbers LA/R/442, LA/R445, LA/R455 and LA/R/477 alleged a contravention of the Councillors’ Code of Conduct (“the Code”) by Councillor Terry Kelly (“the respondent”).

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

3. The persons complaining (“the complainants”), including Councillor Bill Martin of Renfrewshire Council, alleged that the respondent had breached the key principles of the Code referred to above by publishing on his web-site negative views about the Mormon or Church of Jesus Christ of Later Day Saints religion and its members.  Councillor Martin (formerly an SNP member and now an Independent member) also complained about an article on the respondent’s web-site in which Councillor Martin alleged that the respondent (who is a Labour member) treated and referred to his fellow councillors in an unacceptable manner.

4. It was not established - and it was not necessary to establish - whether the articles complained about were placed on his web-site by Councillor Kelly, although, from the terms of his reported response in the Paisley Daily Express newspaper, when he was contacted about the articles, it appeared that he accepted that he placed them on his web-site.

5. The first sentence in section 1: Introduction to the Code of Conduct, states:

The Scottish public has a high expectation of councillors and the way in which they should conduct themselves in undertaking their duties in the Council.

6. The key principles in section 2 of the Code of Conduct are the general principles upon which the Code is based.  They provide a context for and underpin the Code of

Conduct and complaints of this nature should also allege a breach of one or more of the substantive sections of the Code.

7. The first sentence of the first substantive section of the Code of Conduct, section 3: General Conduct, states:

The principles of good conduct in this section must be observed in all situations where you act as a councillor, including representing the Council on official business.

8. The web-site was not provided or set up by the Council.

9. It is not part of a councillor’s official duty while acting in his official capacity to set up a web-site and publish articles on it.  Accordingly, assuming Councillor Kelly did set up the web-site and place on it the articles complained of, his action was undertaken in a private capacity, and not in an official capacity, and, accordingly, did not fall within the scope of the provisions of the Councillors’ Code of Conduct. 

10. In these circumstances, it was unnecessary to go on to consider the implications of the Rights to Freedom of Thought and Freedom of Expression which are provided for by Articles 9 and 10 of the European Convention on Human Rights, as it would have been if the action had been undertaken in an official capacity.

11. Having considered the information that arose from my investigation, I concluded that, Councillor Terry Kelly had not contravened the Councillors’ Code of Conduct.

D Stuart Allan

Chief Investigating Officer

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

19 October 2006