A standards watchdog has suspended a Labour council leader for two months for disclosing “confidential information” to the press.
Joe Fagan, who leads South Lanarkshire council, was judged to have breached the Councillors’ Code of Conduct. The SNP has called on Fagan to quit
The punishment related to information the watchdog said he disclosed ahead of the last Holyrood election.
Following a hearing, Suzanne Vestri of the Standards Commission said in a statement:
"The obligation on councillors to refrain from disclosing confidential information is a key requirement of the Councillors’ Code of Conduct. A failure to respect confidentiality can damage the reputation and integrity of a Council, and can also impede discussions and decision-making.”
“The Panel agreed that, in this case, it was legitimate for the Council to have decided that the information be kept confidential until such a time as the proposals discussed had been finalised and officers had sufficient time to prepare and manage external communications. This would ensure the Council’s position and response were communicated clearly and fully.”
The Panel was satisfied that it was clear the information was confidential at the time Fagan disclosed it to the media.
The watchdog’s press release stated: “It noted that the disclosure had been made a week before the Scottish Parliament election on 6 May 2021 and considered that the Respondent was motivated to disclose the information, at least in part, for political gain.”
They also noted “in mitigation” that Fagan had “co-operated fully with the investigative and Hearing processes”, and as well as remarking on his “contribution to public life and to his community”.
They added: “In the circumstances, the Panel concluded that a suspension of two months was an appropriate sanction. The Panel noted that it did consider the imposition of a longer suspension given the importance of the confidentiality provisions of the Code but, in light of the extensive mitigation provided, the Panel determined that a period of two months was justified.”
A full written decision will be published on the Standards Commission’s website within 14 working days.
SNP Cllr Katy Loudon, the party's candidate for the potential Rutherglen and Hamilton West by election said:
"Joe Fagan and his Labour party have always cared more about their own gain than the people they have been elected to serve, and the Commission's findings make that crystal clear.
"Mr Fagan should do the right thing now and resign, after letting down people across South Lanarkshire and his council colleagues, who he was happy to throw under the bus as he tried to swindle a few more votes for his party last year because Labour had nothing positive to offer voters. If he is not willing to resign – then Anas Sarwar should show leadership and sack him.
"With a potential by-election in Rutherglen and Hamilton West on the cards, people across the constituency will have a chance to reject this type of grubby politics and elect a strong MP committed to building a better future for them, their family and their community by voting for the SNP."
Fagan said: “I regret what has happened but my conscience is clear. I did what I believed to be right and that’s why I got into local government in the first place.
“My accusers said I leaked information and yet I openly disclosed it in good faith.
“I believe the Standards framework in Scotland should go after real wrongdoing in local government, it should not tie the hands of those working to expose it.”
A spokesperson for the council said: "We note the outcome of the hearing and we await the written judgement."
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