A VOTE of no confidence in a former leader of Scottish Borders Council has been adjourned in the interests of “natural justice”.

Nine councillors signed an order to remove the Conservative Mid Berwickshire councillor Mark Rowley, current executive member for service delivery and transformation, from his portfolio role.

The request is “based on no confidence in their ability to carry out the role fully”.

Mr Rowley, council leader from November 2021 to May 2022, was banned from attending full council and executive committee meetings for one month after he was found to have breached the councillors’ code of conduct.

The ban came after he failed to declare his paid employment as a strategy manager with South of Scotland Enterprise (SOSE) at three council meetings held between February and August 2022, when matters concerning, or that could impact upon the work of SOSE, were being discussed.

The judgement was made following an online Standards Commission Panel hearing on Monday, May 13.

But when members of the full council met today (Thursday) they were informed by councillor Watson McAteer, council convener, that independent legal advice had been sought with regards to the hearing.

Due to the fact that Mr Rowley was unable to attend the no-confidence vote because of his ban it was deemed that to go-ahead with a debate and vote would breach “natural justice”.

It was agreed, therefore, to adjourn the hearing until a meeting of Scottish Borders Council on Thursday, June 27 – on which date Mr Rowley’s ban would have been served and he would able to attend.

Mr McAteer said: “Councillor Rowley’s suspension is due to expire on June 19 when councillor Rowley will be able to resume attending full council and council executive meetings.

“Given councillor Rowley’s inability to attend today’s meeting, as a result of this formal sanction, it was relevant to establish whether this was de-facto a potential breach of natural justice.

“Independent legal advisers were clear in stating that, in their view, there is a significant risk that this meeting would not conform to the basic requirements of natural justice and fairness and has been called when councillor Rowley is unable to attend and participate in the discussion.

“Compliance with the principles of natural justice are fundamental and Scottish Borders Council is required to act fairly in its meetings and decision-making.”

The panel meeting in May had found that Mr Rowley should have declared an interest, withdrawn from the meetings and taken no part in the discussion and decision-making on the specific matters in question.

Mr Rowley said he had discussions with former council chief executive Netta Meadows over the potential of a conflict of interests with regard to the two roles, but it was decided it was possible for him to continue in both.

The nine elected members to have signed off the vote of no confidence are Elaine Thornton-Nicol; Fay Sinclair; Viv Thomson; John PatonDay; Robin Tatler; James Anderson; Marshall Douglas; Neil Mackinnon; and Donald Moffat.