Moray Councillor Tracy Colyer avoids further action over webcast comments
A councillor did not breach standards rules by saying health campaigners should "get a life", a watchdog has found, because the committee has no rules about treating "members of the public with respect".
The Standards Commission report decided not to ask for further investigations, or to hold a hearing, over the comments made by Councillor Tracy Colyer (Conservative, Keith and Cullen).
After a meeting of the Moray Integration Joint Board (MIJB) on September 26, a conversation between committee chair Cllr Colyer and a committee clerk was broadcast on the council website when the livestream was accidentally restarted.
Discussing local campaign group Save Our Surgeries (SOS), the councillor compared the loss of GP branch surgeries in Burghead and Lossiemouth to the end of doorstep milk deliveries.
She also criticised fellow councillors.
Cllr Colyer apologised “unreservedly” after her comments were queried and resigned from both MIJB and the board of NHS Grampian.
She also referred herself to the Standards Commission for investigation, and stepped down from the Conservative administration group pending the outcome.
'Two sets of comments'
The watchdog’s ruling confirmed it had found no breach of the MIJB code of conduct - which has not changed since 2016.
According to the report, an investigation considered “two sets of comments” made by the councillor to the clerk, while both “understood their exchange to be a private conversation”.
In the meeting, The Northern Scot reported that Cllr Colyer said SOS campaigners should “get a life”, accused them of only attending a small number of meetings, and compared the closure of two GP branch surgeries to the end of doorstep milk deliveries.
Speaking in the wake of the outburst, group members said they were “just disgusted” by the comments.
'…quite devastating for the folk that were mentioned'
Rhona Grant from the group added that it was “quite devastating for the folk that were mentioned”.
However, the Standards Commission report said the Moray IJB rules “did not require the Respondent to treat members of the public with respect”.
As a result, the code - which had not been updated since 2016 - has not been breached according to the watchdog.
A new code of conduct for MIJB will be considered at the committee’s meeting on Thursday (January 30, 2025).
The proposed new rules state: “Similarly, I must respect members of the public when performing my duties as a board member.”
The other matter of complaint, according to the report, were comments referring to “a councillor member of the IJB”.
At the time of the meeting, Moray Council had three councillor members on the board along with Cllr Colyer.
These were: Councillor Peter Bloomfield (Conservative, Elgin North); Councillor Scott Lawrence (Forres, SNP) and Councillor Ben Williams (Labour, Fochabers Lhanbryde).
However, at the September 26 meeting, Councillor Sandy Keith (Labour, Elgin North) also attended the meeting as a substitute for Cllr Williams.
During the exchange, Cllr Colyer addressed two councillors: Cllr Keith; and Councillor Neil McLennan (Independent, Buckie).
‘So after today they won’t be able to play any more stunts.’
In her comments, Cllr Colyer accused Cllr Keith of bringing up SOS for political gain, prior to the pre-election period for the Elgin City South by-election.
She said: "We weren’t going to mention SOS, then Sandy whats-his-name [Keith] brought it up.
"It’s because we’ve got a by-election coming up.
"Today is the first day of purdah for the election.
"So after today they won’t be able to play any stunts.”
‘…they were not particularly offensive in nature’
The report states that “as the Respondent did not intend for her private conversation to be overheard and subsequently apologised”, the comments were not “disrespectful or discourteous” enough to breach the code.
It added that “while the comments were regarding/in respect of a councillor member of the IJB, they were not particularly offensive in nature”.
As Cllr Colyer was addressing “matter of public concern”, the report stated, she would “enjoy enhanced protection in respect of her right to freedom of expression” under Article 10 of the European Convention on Human Rights (ECHR).
“The ESC advised that he did not consider the Respondent’s comments to be sufficiently offensive, gratuitous or egregious as to justify a restriction on her enhanced right to freedom of expression, that a finding of a breach of the Code would entail,” it added.
Explaining its reasoning, the Standards Commission said further investigations would not be “necessary or appropriate” and despite “some limited public interest in holding a Hearing”, Cllr Colyer’s comments did not “warrant such action”.
‘…neither proportionate, nor in the public interest’
The Standards Commission said it was “neither proportionate, nor in the public interest” to hold a hearing in respect of the complaint”.
A Moray Council spokesperson said: “The Standards Commission has determined to take no action following its review of the matter.
“Cllr Colyer has apologised for her comments and the matter is now concluded.
“The Moray Integration Joint Board (MIJB) is committed to upholding the highest standards of professional conduct and members fully appreciate the importance of respecting members of the public, fellow board members and officers.
“The MIJB will consider adopting an enhanced code of conduct at Thursday's meeting to further strengthen this principle."
