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Marilyne MacLaren under pressure to resign after damning report



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Published Date: 25 September 2008
EDUCATION leader Marilyne MacLaren was under pressure to resign today after a damning report ruled that she broke the councillors' code of conduct by falsely accusing a parent of leaking information to the Evening News.
The independent investigation report – which was itself leaked to the Evening News by a council source – concludes that Councillor MacLaren should apologise to Lynda Flex, whom she ordered to be expelled from the group set up to discuss school closures.

The report's author, former head of corporate services Dr Ralph Musgrave, was unable to identify the source of the leaks and said the evidence against Mrs Flex "is, at best, circumstantial and not incontrovertible". He called for Mrs Flex to be reinstated on the forum.

Opposition councillors today said the findings raise questions about Cllr MacLaren's "professional judgement and ability", and sources said a vote of no confidence is looming unless the education leader stands down immediately.

Mrs Flex has made a complaint to the Standards Commission, which has the power to censure, suspend or ban councillors from holding public office for up to five years if they breach its code of conduct. Its investigation is ongoing.

In his most damning conclusion, Dr Musgrave said his own assessment of Cllr MacLaren's actions amounted to a breach of three elements of that code – "objectivity, stewardship and openness" – because she dismissed Mrs Flex without consulting other councillors and without investigation of her "assumptions".

Labour group leader Andrew Burns today called for the full report to be made public.

He added: "If the conclusions of the independent report are as now being reported, then serious questions need to be asked about Cllr MacLaren's professional judgement and ability to undertake her current duties.

"If (the Standards Commission] subsequently finds against Cllr MacLaren then frankly her position will become untenable."

Craigentinny and Duddingston councillor Ewan Aitken, who is Mrs Flex's local councillor, added: "Given the distress that my constituent has experienced and the attack on her integrity – which has now been shown to be entirely baseless by this independent report – Cllr MacLaren should at the very least make an unequivocal public apology, but in addition should consider her position."

The cross-party group looking into the school rationalisation plans was set up at the end of last year and is made up of parent, teacher and church representatives as well as politicians.

All members were told to keep the forum's discussions confidential, and no reports or minutes have ever been made public.

After the Evening News printed a story in April which named the primary schools facing the axe, Cllr MacLaren accused Mrs Flex of leaking the information, claiming she had "incontrovertible proof". But Mrs Flex was not the original source of the story and did not contact the Evening News.

Green councillor Alison Johnstone, a member of the cross-party forum, said today: "It now seems clear a parental representative was thrown off the forum on the basis of unfounded allegations." Another opposition councillor said: "Marilyne has brought the council into disrepute, and she should consider resigning. That would be the honourable thing to do. If she doesn't, discussions will certainly take place about calling a vote of no confidence."

An administration councillor added: "If Marilyne didn't have evidence in her possession, then she has acted hastily."

Among the findings in his 29-page report, Dr Musgrave wrote: "In dismissing Mrs Flex from membership of the forum, she (Cllr MacLaren] exceeded the powers available to her as a convener. With hindsight, it is clear that Cllr MacLaren would probably have avoided the current difficulties if she had tackled the matter in a different manner and taken more time over deciding on action.

"It will be necessary for Cllr MacLaren to accept that there is no definitive evidence to confirm that Mrs Flex was the person releasing information to the Evening News. If she does not, then I fear that the forum is unlikely to operate as effectively in the future."

Cllr MacLaren was asked by the Evening News if she would apologise to Mrs Flex, but replied: "I'm not commenting." She was also asked if she is considering resigning, but again said: "I'm not commenting. I'm not allowed to comment."

A council spokeswoman added that Cllr MacLaren could not say anything because the investigation process is not concluded.

Chief executive Tom Aitchison said: "I am currently in contact with Cllr MacLaren and the complainant about the independent report. I am exploring with them what action is needed to resolve the issues raised in the complaint."

A spokeswoman for the Standards Commission confirmed that an investigation into Cllr MacLaren is being carried out.

Mrs Flex declined to comment on the findings of the investigation at this stage.

TIMETABLE TO A CLIMB-DOWN
November 19, 2007: A cross-party forum to decide which schools will face the axe was formally set up.

• January 10, 2008: The first meeting of the forum was held in private and Councillor Marilyne MacLaren explained that all public statements would be limited to press releases.

• January 11: The Evening News reported on the first meeting of the forum, revealing accurate information not contained in the press release.

• February 29: The forum decided to concentrate on areas where primary school numbers were falling.

• March 1: The Evening News revealed the areas of Edinburgh earmarked for possible school closures – information which was not contained in the press release.

• April 22: Four primary schools were identified for possible closure by the forum, but the information was withheld from the press.

• April 23: The Evening News listed the four schools, based on information from sources.

• April 28: Cllr MacLaren wrote to Lynda Flex, stating she had "incontrovertible evidence" that Mrs Flex was leaking information to the News. Cllr MacLaren rescinded Mrs Flex's membership of the forum.

• April 30: Mrs Flex denied she had released details and demanded proof.

• June 2: As all the evidence arose from verbal reports, the council admitted it could not provide any documentary evidence.

• June 10: The Evening News stated that Mrs Flex was not the original source of the story.

• June 11: Mrs Flex was ejected from a meeting of the forum.

• June 26: Council leader Jenny Dawe and Cllr MacLaren declined a request to apologise to Mrs Flex.

• August: Dr Ralph Musgrave was appointed to investigate matters.

WHAT THE REPORT SAYS . .
"Cllr MacLaren's belief that she had identified the source at an earlier stage was based on what was proved to be less than definitive evidence."

• "In dismissing Mrs Flex from membership of the forum she exceeded the powers available to her as a convener."

• "Cllr MacLaren failed to meet acceptable standards of objectivity, stewardship and openness."






The full article contains 1137 words and appears in Edinburgh Evening News newspaper.
Page 1 of 1

 
1

Astounded of Edinburgh,

25/09/2008 12:09:39
Do the decent and honourable thing and resign now!
2

Going down the pan..,

25/09/2008 12:14:11
going, going.....

If she doesn't go, then she should be sacked!!!!
3

Hmm?,

25/09/2008 12:18:12
"Do the decent and honourable thing and resign now!"

Some chance. It is the sad state of British politics today that politicians rarely ever resign for anything. :(
4

Duncan in Edinburgh,

25/09/2008 12:20:14
It's been time for her to go for quite a while, never mind this latest failure.
5

,

25/09/2008 12:22:36
Comment Removed By Administrator
Reason:
6

Finbarr Saunders,

25/09/2008 12:24:56
Is that photo of Cllr Maclaren really one of the ones that the Council paid a professional photographer £400 to take?

She looks like she's struggling to squeeze one out!
7

Daft Old Git,

25/09/2008 12:33:28
She does look very upset about it in the photo
8

The Judge,

25/09/2008 12:33:54
If it wasn't Mrs Flex who leaked to the EEN who did?

Surely in the spirit of openness the EEN should tell us who leaked the story to them.

Of course it still could have been Mrs Flex, and the EEN is telling lies.

" Another opposition councillor said: "Marilyne has brought the council into disrepute, and she should consider resigning. That would be the honourable thing to do. If she doesn't, discussions will certainly take place about calling a vote of no confidence."

Care to tell us which councillor EEN? Or which party they represent? Or if they sit on the forum?
9

alex paterson,

edinburgh 25/09/2008 12:35:14
And here is me thinking that Hilda Baker was dead,nice photo,be soooon.
10

,

25/09/2008 12:37:50
Comment Removed By Administrator
Reason:
11

Epicuras,

25/09/2008 12:39:02
let her stay, and then get banned from public office for 5 years by the Standards Commission - gets rid of her completely :-)
12

yorkshirepudding,

hfx 25/09/2008 12:39:34
women of a certain age can be rather insecure about their appearance - publishnig that photo will be very distressing.

ANyone about to tell me if there are any good bands playing in your pubs fri 3rd October?
Sandy Bells... Doctors Bar...? Or anywhere else for that matter. I'm coming for a little jaunt and need tips!
Cheers!
13

,

25/09/2008 12:46:38
Comment Removed By Administrator
Reason:
14

Howard Moon,

25/09/2008 12:46:50
Is Cllr MacLaren's position untenable? Maybe. But more because she's hopless than because of this.

Is the EEN becoming more and more like a Labour Group newsletter? Absolutely.
15

Name,

Location 25/09/2008 12:55:23
To think 2 years ago she was 405 votes away from becoming MP for Edinburgh South, now look at her.

I for one being a consitituent of her's for the Marchmont now Meadows/Morningside ward for many years am glad she's being exposed for the person that she really is.
16

,

25/09/2008 12:57:27
Comment Removed By Administrator
Reason:
17

,

25/09/2008 13:10:01
Comment Removed By Administrator
Reason:
18

yorkshirepudding,

hfx 25/09/2008 13:12:26
trying to squeeze one out - i almost spat my coffe on the keyboard laughing. Am i allowed to feel just a little bit sorry for her?
19

,

25/09/2008 13:16:26
Comment Removed By Administrator
Reason:
20

NorT,

Edinburgh 25/09/2008 13:16:36
#16 - If the LibDems had put up any other candidate they might have won the seat. A lot of people, who may have voted for them, did not because of the candidate they had selected.
21

Spock,

25/09/2008 13:23:39
She should resign and pay for the cost of the inquiry. Council tax payers should not have to pay for this.

She should also be facing a civil case for defamation. Perhaps then she would realise that if she can't take it she shouldn't dish it out.
22

Spock,

25/09/2008 13:25:38
#19 No way!
23

Xena - Warrior Princess,

25/09/2008 13:29:23
In her position as a Councillor she should have had more sense than to blatantly lie. Sounds like she let her dislike for this woman (because she didn't agree with her?) lead her into making assumptions.
24

Porty Pirate,

The Beach 25/09/2008 13:31:06
The source of the leak is another issue and should not deflect from the fact that MM is incompetent. This is also not the first time she has falsely accused anyone.

Is this not the same MM who categorically assured parents of Portobello High School that vandals were to blame for the damage caused leaking tap - only to find that Police had no such evidence?

The woman is clearly operating out her depth and should fall on her sword.

25

Ecco Warrier,

Embra 25/09/2008 13:49:38
How could anyone trust her to chair a meeting fairly
ever again. She should go and faff about on something like the Regulatory Committee. The taxi drivers might love her.
26

Shurley,

yuck.... 25/09/2008 13:54:46
just as well my children and dogs didn't see that pic of MM, its scary. I'm just glad its not me telling her to go....

However, there is an upside, seeing MM's picture shurley must give us all hope that we are "thee" beautiful people (or at least I am drop dead gorgeous)
27

gorgeousgorgieboy,

Edinburgh 25/09/2008 14:07:14
Photo Caption.

"Marilyne MacLaren wins the world straining competition with two double ruptures and a hernia."

(Nicked from Spike Milligna - the famous typing error.)
28

gorgeousgorgieboy,

Edinburgh 25/09/2008 14:08:44
Yorhshire Pudding

Try the Gunner - at Upper Cramond.
29

Shurley,

hmmm 25/09/2008 14:12:04
didn't know the Gunner (maybe thats where the masked guy with the 4-barreled shotgun came from) did yorkshire pudding
30

LyonHearts,

le teil 25/09/2008 14:12:04
Who elects these people? She looks like she should be the landlady of some pub down Leith Walk rather than Education minister
31

Shurley,

Leith no more 25/09/2008 14:14:33
OMG...I thought I had seen her somewhere before
32

Alice in Embraland,

25/09/2008 14:15:43
#28 - nothing to do with this story, but you just reminded me of another Millgan gem.

SEAGOON "Eccles, what are you doing in that piano?"
ECCLES "I'm Haydn!"
33

Shurley,

another 25/09/2008 14:16:54
What abouts Spike's poem for lonely people:

HELLO
34

fresian,

edinburgh 25/09/2008 14:22:14
Another Milligan gem... this time from Puckoon


Education isnt everything...for a start it isn't an elephant.
35

Kirsty Boyd-Williamson,

New Town 25/09/2008 14:31:07
>6 ~ Finbarr : She looks like she's struggling to squeeze one out!

Quite normal, Finbarr. Politicians often pass motions.
36

The Barred O' Leith,

25/09/2008 14:44:12
She could star in ''Little Shopper Horror''.
37

Alberto.,

25/09/2008 14:50:49
"All members were told to keep the forum's discussions confidential, and no reports or minutes have ever been made public"
******************

But why - in an 'alleged' and presumably still 'Democratic' body - although with some of the activities of Politicians / Members of the bureaucracy of the day, perhaps mentioning the word 'Democracy' in connection with their actions is probably a word too far - as we now see almost on a daily basis!

If this, or indeed any other member of the Political set are found to be wrongdoing, why does the situation of getting rid of such people always rest with their decision 'to go or not to go!' Why is there a 'Standards Committee' that can investigate such people, declare they have done wrong - and then seemingly - 'that's that!' It does give the impression that saving a 'colleagues face' - regardless of public opinion, or the great cost to the taxpayer (Salary, Pension and Perks presumably continue) although the person is considered 'Not fit for purpose!'

Surely 'Bad Eggs' - incompetents - or whatever, should be removed and replaced quickly and seriously, otherwise it appears that the Political set have us all well and truly 'Really stitched up!' and so it seems they have a ‘No Lose’ situation to play with as they wish - and don’t they just?

It should not be like that in this coveted 'Democracy' they say exists!!!!

38

roadstohell,

25/09/2008 14:56:23
Och no dinnae resign, just brass it oot, dinnae let fowk get ye aff the "gravy train " hen, you jist hing in there ! ye've worked hard for thone perks an'at
:0/
39

THE BPRENTICE,

25/09/2008 15:02:17
They say that the 'smokie gothic' look is 'in' regarding eye shadow (I'm not a metrosexual...honest) ... ha haaa ... but not only is Marilyne taking THAT to an extreme -- she is applying a 'smokie gothic' theme to her official dealings.

Bye now M'n'M...you've been 'smoked out'.
40

Vandala,

25/09/2008 15:09:36
#31. She's not a minister and the answer to your second question is: you, the public.
41

Drop Out Law Student,

At my computer. 25/09/2008 15:13:24

This is appalling but are we surprised? No, politicians are all the same, at all levels, across the parties, in all countries.

Why is it that people who, so obviously have no private usefulness, are so eager to put themselves forward to be publicly useful?

Why, I ask, why?
42

Drop Out Law Student,

same place 25/09/2008 15:17:37
or to be publicly useLESS... as seems always to be the case.
43

The Barred O' Leith,

25/09/2008 15:21:24
Is she the love child of Mar(i)lyn(ne) Manson and Malcolm Maclaren?
44

valleyjim,

25/09/2008 16:02:43
#44 I thought she looked a bit like bendy Wendy.
45

calum,

25/09/2008 16:14:54
Another failure who found out that she is far more effective in opposition than in office - of course in opposition, she was ably assisted by information and "leaks" from some well placed friends in City Development, Planning, Education and particularly the Police but they have all retired .......as should she.
46

Austin Bowels,

International Man of Dysentery 25/09/2008 16:35:14
I dream of being that constipated!
47

ikonoclast,

25/09/2008 16:46:26
45. The resemblance is only that they are both deeply unshaggable. Wendy's expression is always one of self-satisfied smugness, rather than trying too hard to crimp one off.
48

The Geniune Mario Antionette,

25/09/2008 16:51:29
I don't think she should resign. This lady's not for turning.
49

Thomas the Tank,

Edinburgh 25/09/2008 17:19:18
Well and very succinctly put, Calum @46 - it's easy to sit on the fence and be all things to all people when you don't have any responsibility. It also goes to confirm my views that the Liberal Democrats are neither Liberal nor Democratic and, in addition to this socially disfunctionate woman, they harbour some other deeply unpleasant, dictatorial individuals within their cooncillor ranks.
50

James (1),

25/09/2008 21:45:16
"The Standards Commission" if ever you do something wrong you can only hope the Standards Commission will decide on your fate.
You could write a confession regarding your wrong doings and the Standards Commission would find in your favour. They never take a councillor to task, all they do is fudge the issue. Maybe aye, maybe no, its not really clear.
They are useless.
51

yorkshirepudding,

hfx 25/09/2008 23:33:58
blimey - someone must have got excited on the pub shooting story - I had a quick glance earlier and got a few tips for pubs for next friday and now they have all gone before I got chance to look properly..... help, please!!
52

Thomas the Tank,

Edinburgh 26/09/2008 10:46:51
#51 James - The Standards Commissioner - 'USELESS'? He's not nearly as good as that! I managed to obtain the following transcript of a recent 'Investigation' - Ace Investigator: 'Did you corruptly accept a bung or otherwise prostitute your office for personal gain?
Labour Kooncillor: 'Eh? Oh - No, ah nivvur'.
Ace Investigator: 'Well, that's all right then. Please collect your expenses on the way out'.
53

Vince Noir,

26/09/2008 18:13:10
Moo Moo'll get what's coming to her very soon. (:

I advise you all to take a look at edinburghsucks.com, if you haven't already.
54

celtic4,

USA 12/10/2008 23:16:01
Personally I think the photo is sorta cute. lol.
55

Mr. Richard C. Normuss,

14/10/2008 16:42:38
Posters,

What political party does Ms MacLaren represent? It's obvious she's not SNP otherwise the EEN would mention the SNP every second line.

 

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