Councillors did not breach code of conduct over 'sex offender' comments

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Alan Donnelly
Image caption,

Alan Donnelly was convicted of sexual assault in 2019

Two councillors did not breach the code of conduct over comments about a councillor convicted of sexual assault, the Standards Commission has ruled.

Former Conservative Alan Donnelly was placed on the sex offenders register following his conviction in 2019.

Lib Dem councillors Ian Yuill and Steve Delaney later made comments at a council meeting including that he was "our resident sex offender".

A Standards Commission panel said a breach was not found.

Donnelly had denied kissing and touching a man who was working at an event in the city. He was ordered to pay compensation.

The former depute provost resigned from the Tories but resisted calls to stand down from the council.

A Standards Commission panel had ruled his behaviour was "wholly inappropriate" and suspended him for a year.

The new complaint related to a budget meeting at Aberdeen Town House after the suspension was lifted in March in which Donnelly moved to second a Lib Dem motion.

There were heated scenes at the meeting after Donnelly took part in the vote on local development plan proposals.

Mr Delaney referred to Donnelly as "our resident sex offender", and Mr Yuill described the vote as a publicity stunt.

It was claimed they may have breached the code of conduct by not showing respect to colleagues or treating them with courtesy.

Image source, Aberdeen City Council webcast
Image caption,

Alan Donnelly (seated at front) resumed his duties at a heated meeting in March

The Standards Commission heard the key issue was the relevance of the comments in terms of the budget meeting.

However solicitor Linda Beedie, for both councillors, argued their comments were "factual" and delivered in a political context.

She said they had wanted to distance themselves from any appearance of alignment with Donnelly, and that it would be a "travesty" if they were sanctioned.

Delivering the panel's ruling, chairwoman Tricia Stewart said they had decided there had not been a breach of the code of conduct.

She said the comments concerned matters of public interest, and the councillors had the protection of freedom of expression.

However, she said the panel emphasised the requirement for councillors to behave in a respectful manner, and welcomed the fact the Lord Provost made that point at the meeting in question after the remarks were made.

A full written ruling is expected within five working days.

The three-day trial at Aberdeen Sheriff Court had heard one of the victim's supervisors say he was "trembling and shaking" when he reported the incident to her.

The man said Donnelly approached him, made comments about him being good-looking, and asked him questions about where he was from.

Donnelly was previously part of the ruling Conservative, Labour and independent administration.