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Note of Decision Web Version

Complaints no. LA/R/530, 557 concerning alleged contraventions of the Councillors' Code of Conduct by Councillor Richard Manser of Renfrewshire Council

1. Complaint numbers LA/R/530 and 557 alleged contraventions 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 of Duty, Leadership, Selflessness, Objectivity, Accountability and Stewardship and Openness set out in section 2.

3. The persons complaining, the Chief Executive of the Council, and Councillor Bill Martin, alleged that by entering into and paying for a sexual relationship with a female social work client to whom Renfrewshire Council were providing after-care advice and assistance, had breached the Code.

4. In assessing the validity of the complaint, it was necessary to establish firstly that the allegations fell within the scope of the Code; and, if that test was met, secondly, that they had a sound basis in fact. These elements were inter-related and to make a finding of a breach of the Code I was required to be satisfied that both elements were established.

5. The first issue, therefore, was whether the alleged conduct of the respondent could, if proven, amount to a breach of the Code.

6. In this case the alleged conduct could not reasonably be taken to be other than private in nature. The respondent's conduct was not related in any way - no matter how tenuously - to the performance of his functions as a Councillor. The allegations did not permit any conclusion that - other than the fact that the respondent was a Councillor - he was ever acting in an official capacity in any shape or form. I accordingly found to that effect.

7. Having made that finding, it followed that it was unnecessary for me to determine whether the allegations regarding the relationship between the client and the respondent had any substance.

8. It is also important to make it clear that the Code only applies to the conduct of councillors while they are acting in an official capacity. That is not to say, however, that there are no other measures that can be brought to bear. The Councillor's political party - in this case, the Labour Party - dealt promptly with the allegations and, in fact, suspended his membership and required him to resign his convenership and vice-convenership. And ultimately the general or private conduct of councillors can, of course, be assessed by the public through the ballot box. These other measures are of key importance, particularly in respect of conduct which does not relate to the official responsibilities undertaken by councillors.

9. Having considered the information that arose 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
2 May 2007