The Ethical Standards Commissioner is unable to investigate the complaint made by Police Scotland Angels against Anas Sarwar and his direct threats to the public.
The conduct about which we have complained does not represent a breach of the Code of Conduct for MSPs (“the Code”) or other relevant provisions and they therefore have to dismiss it, contrary to Section 7: General Conduct of MPS’s Code of Conduct.
- Members of the Scottish Parliament (MSPs) are accountable to the Scottish
electorate who will expect them to carry out their Parliamentary duties in an
appropriate manner consistent with the standing of the Parliament and not to engage in any activity as a member that would bring the Parliament into disrepute.
Treatment of others
Members should have reference to the definitions of unacceptable behaviours
set out below in relation to sections 7.5 and 7.6 of the Code of Conduct. In addition,
Members must abide by relevant SPCB policies on bullying, harassment, sexual
harassment and other inappropriate behaviour; and have reference to the examples
of harassment and inappropriate behaviour included in these policies. The
unacceptable behaviours set out below can result from an abuse or misuse of power
derived from status or position, physical strength or force of personality. These
unacceptable behaviours can occur in a variety of contexts, including face-to-face
contact, by phone, email, messaging and on social media platforms.
Bullying and/or Harassment (the terms are often used interchangeably)
occurs when an individual engages in offensive, intimidating, malicious or
insulting behaviour which can make someone feel uncomfortable, vulnerable,
upset, undermined, humiliated, denigrated or threatened. Bullying and/or
harassment can be between two individuals or it may involve groups of
people. It might be obvious or it might be insidious. It may be persistent or an
Protected Characteristic Harassment occurs when an individual engages in
unwanted behaviour related to a relevant protected characteristic which has
the purpose or effect of violating someone’s dignity or creating an intimidating,
hostile, degrading, humiliating or offensive environment. It can be an isolated
incident or persistent behaviour and is essentially about the effect on the
recipient, not about what was intended. Relevant protected characteristics
under the Equality Act 2010 are age, disability, gender reassignment, race,
religion or belief, sex and sexual orientation.
Clearly there is a two tier system of legislation in this country, one for ‘them’ and another for ‘us’ as all these agencies are funded, bought and paid for by the Scottish Government, therefore not one agency is truly independent and ultimately have to tow the line of their source of funding.