Former Badenoch rep on national park board reacts to ‘code of conduct’ finding
A former Cairngorms National Park Board member has criticised a complaint about her to the Standards Commission for Scotland as a “waste of tax payers’ money”.
The complaint resulted in censure for Deidre Falconer, while today a spokesperson for the park authority pointed out that it had not as an organisation brought the action: “in fact, the complaint was raised by an individual and from there, it was the Standards Commission who pursued the matter, not the park authority.”
The Strathy reported the findings in print last week after an online hearing which ruled that Ms Falconer, who had served as an elected member from 2019 until 2013, had failed to declare an interest at a planning meeting in December 2021, when applications for two self-catering units and access roads on a Badenoch estate were being considered.
She was also found ‘on the face of it’ to have breached the respect provisions in the park authority’s code of conduct in respect of a remark she made about a senior employee of the authority at a board meeting in November 2022.
But the findings stated: “Nevertheless, while the respondent’s remark was emotive and unjustified, it (the panel) did not consider that it was sufficiently offensive, personally abusive or shocking as to justify a restriction on her right to freedom of expression under Article 10 of the European Convention of Human Rights.”
The remark had been withdrawn at the meeting.
“What a complete waste of tax payers money, to pursue this complaint against someone for 17 months, when they were no longer a board member and at worst could only be censured,” Ms Falconer told the Strathy this week after studying the findings.
“The complainer did not even submit evidence to back up the complaint, nor provide a witness statement, nor appear at the hearing to be questioned.
“My interest was common knowledge, and declared in the public register of interest, and the business, where I was employed, was for sale and I was working my notice, therefore I had absolutely nothing to gain materially or financially.”
At the same time she was delighted that The Standards Commission did not consider her comment, about feeling bullied and intimidated by an advice note, to be “sufficiently offensive or personally abusive as to be so excessive that a restriction on her right to freedom of expression could be justified”.
Ms Falconer stressed: “It is important that Cairngorms National Park Authority board members feel empowered and free to challenge. Sadly, allegations of the sort I have endured will likely detract from the willingness of elected and appointed board members to exercise such constructive challenge.
“This will be to the detriment of the national park authority.”
A CNPA spokesperson said: "We take governance very seriously and have a rigorous code of conduct in place to guide the behaviour of our board members and ensure the public can trust the decision-making process.
“The ex-board member was found to have breached the code by the independent Standards Commission for Scotland investigation and we support the findings."
The full written decision of the hearing can be accessed here.
