Former Borders Council Leader suspended for standards breach

by OUR LOCAL GOVERNMENT EDITOR

Tory councillor Mark Rowley, who briefly served as leader of Scottish Borders Council, will be unable to attend meetings of the local authority for a month after a Standards Commission panel found he breached the elected members' code of conduct on three separate occasions.

Mr Rowley, who holds a top job with South of Scotland Enterprise as well as representing constituents in the Mid Berwickshire ward of SBC failed to declare an interest during council debates although he claimed at a Standards Commission of Scotland hearing today there had been no subterfuge nor personal benefit. Four other allegations levelled against him were not sustained.

The breaches related to Mr Rowley's failure to declare his employment as a Strategy Manager with South of Scotland Enterprise at three council meetings held between February and August 2022, when matters linked to, or that could have impacted on the work of South of Scotland Enterprise, were being discussed.

Following the hearing at Borders council HQ,  Ashleigh Dunn, Standards Commission Member and Chair of the Hearing Panel, said: “The Panel found that Mr Rowley failed to declare an interest in relation to agenda items relating to matters in which the South of Scotland Enterprise was involved and, instead, took part in the discussion and decision-making.” 

The Panel acknowledged that Mr Rowley had recorded promptly his employment on his Register of Interests and, as such, was satisfied there was no attempt to conceal it.

Panel members nevertheless considered that, having applied the objective test, as required by the Code, Mr Rowley should have reached the view that his connection, being his paid employment with a local enterprise agency, would reasonably be regarded as being so significant to the agenda items in question as to be likely to affect his potential discussion and decision-making on those matters. 

It was decided that Mr Rowley should have declared an interest, withdrawn from the meetings and taken no part in the discussion and decision-making on the specific matters in question. The Panel further found that on one occasion, having declared an interest in relation to an item being discussed,  Rowley emailed a fellow elected member and suggested that they could comment on a particular point. 

A Commission statement said: "While the Panel accepted it may not have been the Respondent’s intention to influence anyone remaining in the meeting, it found that by suggesting that a fellow councillor could “comment on the challenges” arising from the item, the Respondent had continued to participate, in breach of the Code.

"In reaching its decision on sanction, the Hearing Panel noted that Mr Rowley had co-operated with the investigative and Hearing processes, and had a previously unblemished record as a councillor. The Panel accepted Mr Rowley had registered his employment and, as such, there was no suggestion he had tried to hide or conceal his interest. 

"The Panel agreed, nevertheless, that it was necessary to impose a suspension in order to reflect the seriousness of the breach, to promote adherence to the Code and to maintain and improve the public’s confidence that councillors will comply with the Code and will be held accountable if they fail to do so."

Ms Dunn noted: “The Panel emphasised that the requirement for councillors to declare interests is a fundamental requirement of the Code as it gives the public confidence that decisions are being made in the public interest, and not the personal interest of any councillor or their friends, family or employer. A failure to comply with the Code’s requirements in this regard can erode confidence in the Council and leave its decisions open to legal challenge.” 

In mitigation, Mr Rowley told the hearing he had been under considerable pressure at the time the breaches took place.

SBC had admitted liability in a "very high profile" child abuse case involving a teacher, and the council was the subject of national media scrutiny. Other challenges included the annual budget process and the departure of the authority's chief executive.