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Note Of Decision Web Version

Complaints nos. LA/WL/448 & 449 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Bert Gamble of West Lothian Council

1. Complaints numbers LA/WL/448 and 449 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Bert Gamble ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the key principles of the Code which relate to Duty, Integrity, Openness, Honesty and Leadership.

3. The first person complaining ("the first complainant"), Councillor Peter Johnston of West Lothian Council, alleged that the respondent had breached the Code by:

1. the construction of a website - www.westlothiansnp.co.uk which purported to be an official SNP website;
2. the use of a photograph of Councillor Johnston on this site and the attributing to him of comments he most certainly did not make; and
3. the dishonest misrepresentation of Councillor Johnston and the SNP on the website, which was masquerading as an official SNP website.

The second person complaining ("the second complainant"), Councillor Martyn Day of West Lothian Council, alleged that the respondent had breached the Code by:

Registering and creating an anti-SNP spoof website, using the SNP registered political symbol, failing to make it apparent on the website that the views expressed were those of Councillor Gamble and not the SNP, and masquerading behind the name "westlothiansnp".

4. The respondent responded that:

1. He was not using Council resources;
2. It had nothing to do with West Lothian Council; and
3. He was not acting as a councillor.

5. The respondent appeared to accept that he set up the web site complained of but, in his response, wrote that he had not been acting as a councillor in doing so.

6. It is not part of a councillor's official duties and responsibilities to set up a web site and any action taken by the respondent was not taken while acting in his official capacity as a councillor. Moreover, Council resources were not used in setting up the web site. Accordingly, the respondent did not contravene any provisions of the Councillors' Code of Conduct as, for the material purpose, he was not acting in his official capacity but in a private capacity and I found accordingly.

7. If the respondent's setting up of the web site had been undertaken in an official capacity then the respondent's actions could have been considered to have fallen within the scope of the provisions of the Councillors' Code of Conduct. It would then have been necessary 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. This was, however, not necessary in the circumstances of this investigation.

8. Having considered the information that arose from my investigation, I concluded that Councillor Bert Gamble had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
28 September 2006