South Lanarkshire Council leader Joe Fagan suspended for leaking confidential information
Labour's Joe Fagan was found to have leaked a list of facilities that were reported to be at risk of closure under the previous SNP council administration - but he says his "conscience is clear".
Wednesday 28 June 2023 10:46, UK
The leader of South Lanarkshire Council has been suspended for two months for disclosing confidential information to the media.
Labour's Joe Fagan was found to have leaked a list of facilities that were reported to be at risk of closure under the previous SNP council administration.
He was found to have breached the councillors' code of conduct shortly before the 2021 Holyrood election.
The Standards Commission said the disclosure to the press would have led to speculation about facilities being closed - before any final decision had been taken - which could have caused "undue and unnecessary concern".
The panel added that Mr Fagan was motivated "at least in part" for political gain.
In response to the ruling on Tuesday, Mr 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."
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'A failure to respect confidentiality'
The Standards Commission said it was "disappointed" Mr Fagan had disclosed the information.
Suzanne Vestri, Standards Commission member and chair of the hearing panel, said: "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."
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Mr Fagan was said to have cooperated fully with the investigation.
The panel also found "no evidence of repeated behaviour over a long period of time, of dishonesty and/or concealment, or of any previous contraventions of the code" by the councillor.
A South Lanarkshire Council spokesperson said: "We note the outcome of the hearing of the Ethical Standards Commission for Scotland and we await the written judgement, which we expect to receive within 14 days."