AN ARGYLL and Bute councillor reported to have been overheard calling a fellow elected member a “misogynist”, “racist” and “bigot” will not face punishment.
A report by the Standards Commission for Scotland (SCS) has given details of its findings after a complaint was made.
The ethical standards commissioner (ESC) referred the matter to the SCS, but the organisation has announced that it will not take any action.
No councillors, either facing or making the complaint, are identified in a report. The complaint was received on Wednesday, February 25, the same day as a full council meeting took place.
Prior to that meeting, a row took place over comments by deputy provost Jan Brown (SNP, Mid Argyll) which were reportedly picked up on microphones.
Councillor Tommy MacPherson (Independent, South Kintyre) said that he had contacted the Ethical Standards Commission and the Scottish Public Services Ombudsman following the heated dispute.
Councillor Brown said during the meeting that she would speak to Cllr MacPherson following its conclusion.
The SCS report said: “The ESC reported that he had investigated one issue of complaint which was that, in late February 2026, the respondent referred, in a private conversation with the council’s chief executive, to the complainer (a fellow councillor) as being a ‘misogynist’, ‘racist’ and ‘bigot’.
“The conversation took place online before a council meeting was due to start and was captured by the microphone on the respondent’s laptop and overheard by other attendees who had already joined the meeting.
“The ESC advised he considered it was evident, from the circumstances and a webcast of the meeting that the respondent did not intend her comments to be overheard.
“The respondent explained that her comments were not intended as personal criticisms and, instead, were remarks made concerning questions the complainer had raised in respect of council officer pay rises.
“The ESC advised that he considered it was also evident from the webcast that [the] respondent provided a full apology at the council meeting immediately after being informed her conversation had been overhead and noted the complainer could make a formal complaint about the incident.
“In light of the above and on balance, he did not consider the respondent’s conduct amounted to a contravention of the provision in the code that requires councillor to behave with courtesy and respect towards their colleagues.
“He considered, in any event, that the respondent’s conduct was not sufficiently offensive, gratuitous or egregious as to justify a restriction on her right to freedom of expression (that a finding of a breach of the Code would entail).”
The report added: “Having considered the terms of his referral, the Standards Commission did not consider that it was necessary or appropriate to direct the ESC to undertake any further investigation into the matter.
“In considering proportionality, the Standards Commission was of the view that referring to a fellow councillor as a ‘racist’, ‘bigot’ and ‘misogynist’ in public (albeit unintentionally) could be considered inherently disrespectful and a breach of the Code.
“The Standards Commission nevertheless agreed with the ESC that even if the respondent’s conduct was to be found, on the face of it, to be disrespectful at a hearing, it was highly likely a restriction on her right to freedom of expression could not be justified.
“This was because it was evident she had been expressing views in what she considered to be a private conversation (not a political context) and had apologised immediately upon learning her remarks had been overheard.
“In the circumstances, the Standards Commission concluded that it was neither proportionate, nor in the public interest, for it to hold a hearing in respect of the complaint.
“The Standards Commission determined, therefore, to take no action on the referral. The Standards Commission nevertheless reminds the respondent of the importance of adhering to the courtesy and respect provisions in the Code, in order to ensure public confidence in the role of a councillor and the council itself is maintained.”
