THE codes of conduct for Scotland’s councils and public bodies are to be overhauled in the light of the #MeToo movement to combat bullying and harassment.
The Scottish Government has launched twin consultations on new codes which would apply to councillors and members of devolved public bodies with explicit warnings about misconduct.
There is also guidance on using social media and accepting gifts and hospitality, with the latter tightened up to make people less exposed to “serious organised crime gangs”.
The aim is to update the 2014 code for quangos and the 2018 one for councils with “greater emphasis on addressing discrimination and unacceptable behaviour”.
It follows a shake-up of the policy covering Scottish Government ministers and former ministers after the Harvey Weinstein scandal and #MeToo movement in 2017.
The current code of conduct for Scotland’s 1,222 councillors contains just a single line on bullying and harassment, stating: “Bullying or harassment is completely unacceptable and will be considered to be a breach of this Code.”
However the new draft code, drawn up with the council umbrella body Cosla, contains a lengthy section on “respect and courtesy”covering conduct “in person, in writing, at meetings... online and using social media”.
If adopted, councillors must “advance equality of opportunity” and “not discriminate unlawfully on the basis of race, age, sex, sexual orientation, gender reassignment, disability, religion or belief, marital status or pregnancy/maternity”.
They must not engage “in any conduct that could amount to bullying or harassment (including sexual harassment) and ... accept that such conduct is completely unacceptable and will be considered to be a breach of this Code”.
They must also accept that “disrespect, bullying and harassment can be a one-off incident, part of a cumulative course of conduct, or a pattern of behaviour”, and involve “physical, verbal and non-verbal conduct”.
Breaches of the code can lead to councillors being suspended.
Under the code they must agree that: “I accept that it is my responsibility to understand what constitutes bullying and harassment (including sexual harassment) and will utilise resources, including... guidance and advice notes, Council policies and training material (where appropriate) to ensure that my knowledge and understanding is up to date.”
New hospitality rules would also limit councillors to accepting trivial items such as pens, notepads, sandwiches or cups of tea.
They must refuse gifts such as sport and concert tickets - and only attend events if invites are made to the council and the council then asks them to attend on its behalf.
The consultation said this should “prevent them from being influenced (inadvertently or otherwise) into making decisions for reasons other than the public interest (for example, by serious organised crime gangs seeking to obtain contracts and licences to facilitate money laundering).”
Councillors would also have to notify officials if they received repeat offers of gifts and hospitality from the same source.
The Scottish Government said: “We are looking to make the Code easier to understand, to take account of developments in our society such as the role of social media.
“We also aim to strengthen the Code to reinforce the importance of behaving in a respectful manner and to make it clear that bullying and harassment is completely unacceptable and should not be tolerated.
“We aim to produce a Code that is fit for purpose and will ensure the highest standards of conduct by our councillors to maintain and strengthen the trust of those they are elected to serve.”
The 2014 code for quango board members said they should “be familiar with” their public body’s policies on bullying and harassment in the workplace and “lead by exemplar behaviour”.
The new draft code now mirrors the tougher one for councillors.
MSPs are expected to pass the changes after the 2021 election.
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