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Note of Decision Web Version Complaint no. LA/R/68

Concerning an alleged contravention of The Councillors' Code of Conduct by Councillor James Harkins of Renfrewshire Council

1. Complaint number LA/R/68 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor James Harkins ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, section 2 of the Code relating to Honesty, Leadership and Respect.

3. The person complaining ("the complainant"), Councillor Lorraine Cameron, is an elected member of Renfrewshire Council and represents the SNP on the Council. Councillor Harkins is the Labour Leader of the Council.

4. Councillor Cameron alleged that, during the statutory meeting of the Council on 15 May 2003, in the course of a discussion about the nomination of the vice convener of the Council's Scrutiny Board, Councillor Harkins said that the Chair of the Leadership Advisory Panel had stated that scrutiny needs mature and responsible opposition and that the SNP members of Renfrewshire Council had a long way to go to become a mature and responsible opposition. Councillor Cameron also alleged that Councillor Harkins described the SNP members of the Council as dangerous.

5. In his response Councillor Harkins stated that, after this interval of time, he could not comment on the accuracy of the remarks attributed to him by the complainant but he could recall the Chair of the Leadership Advisory Panel having made comments regarding the SNP members of the Council, at a meeting between the Panel and the Council on 4 October 2000. He claimed that the complaint was politically motivated and that it was part of a vendetta against him by the SNP.

6. Examination of the tape recording of the meeting of 15 May 2003 indicated that the complainant had quoted substantially accurately the comments made by Councillor Harkins.

7. While the language used by Councillor Harkins in both sets of comments may have been intended to show SNP members of the Council in an unfavourable light, having regard to the type of exchanges which frequently take place between all political parties as part of the democratic process, I did not consider the general tenor of Councillor Harkin's language to be offensive.

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

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
24 September 2004