Agenda item

The Council had before it a report by the Chief Officer - Governance which appended the written decision by the Standards Commission for Scotland following a hearing held on 20 November 2020.

The report recommended:-

that the Council -

(a)           consider the content of the written decision; and

(b)           note the sanction imposed by the Standards Commission for Scotland.

Councillor Lumsden moved, seconded by Councillor Houghton:-

          That the Council -

(1)       note the sanction imposed by the Standards Commission for Scotland;

(2)       note the decision of the Urgent Business Committee of 19 December 2019 where the Council called on Councillor Donnelly to resign, and reiterate that position today; and

(3)       note the consultation to the Councillors’ Code of Conduct and instruct the Chief Officer - Governance to respond as follows:-

(a)       The Code of Conduct should be explicit that any Councillor found guilty under the sexual offences (Scotland) Act 2009 should automatically be removed from office.

(b)       In respect of sanctions, the Commission should have the power to form the view that in some cases where a breach is of a trivial nature, the Commission should have the power, where appropriate, to infer an absolute discharge.

(c)       There should be a statutory duty imposed on the S75 Officer to provide the Commissioner for Ethical Standards (ESC) with all relevant information regarding the circumstances of the alleged breach, regardless of being asked by the ESC or the Councillor involved.

(d)       Agree that nothing in respect of (1), (2) and (3) above should stop officers from responding to the consultation in the normal manner.

Councillor Yuill moved as an amendment, seconded by Councillor Greig:-

That the Council -

(1)       note the sanction imposed by the Standards Commission for Scotland;

(2)       note the decision of the Urgent Business Committee of 19 December 2019 where the Council called on Councillor Donnelly to resign, and reiterate that position today;

(3)       note the consultation to the Councillors’ Code of Conduct and instruct the Chief Officer - Governance to respond as follows:-

(a)       The Code of Conduct should be explicit that any Councillor found guilty under the sexual offences (Scotland) Act 2009 should automatically be removed from office.

(b)       In respect of sanctions, the Commission should have the power to form the view that in some cases where a breach is of a trivial nature, the Commission should have the power, where appropriate, to infer an absolute discharge.

(c)       There should be a statutory duty imposed on the S75 Officer to provide the Commissioner for Ethical Standards (ESC) with all relevant information regarding the circumstances of the alleged breach, regardless of being asked by the ESC or the Councillor involved.

(d)       Agree that nothing in respect of (1), (2) and (3) above should stop officers from responding to the consultation in the normal manner; and

(4)       given that a convicted sex offender has access to Council offices, staff and members of the public in those offices, instruct the Chief Executive to report to the Staff Governance Committee to provide assurance that appropriate measures were in place to protect staff and members of the public.

On a division, there voted:-

For the motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Bell, Boulton, Cross, Lesley Dunbar, Duncan, Graham, Grant, Houghton, Imrie, John, Laing, Lumsden, Macdonald, MacKenzie, Malik, Mason MSP, Reynolds, Sellar and Wheeler.

For the amendment  (22)  -  Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Greig, Henrickson Hutchison, MacGregor, McLellan, McRae, Mennie, Alex Nicoll, Audrey Nicoll, Noble, Radley, Townson and Yuill.

There being an equality of votes, in terms of Standing Order 32.7 the Lord Provost exercised his casting vote in favour of the motion.

The Council resolved:-

to adopt the motion.