Former councillor 'sorry' for conduct code breach

A former Cornwall councillor has apologised for breaching the authority's code of conduct by supporting £200,000 for Spaceport Cornwall after he was offered a top job at the facility.

Louis Gardner, former Conservative portfolio holder for the economy, accepted the role of head of future air and space at the firm's headquarters at Newquay Airport while still a member of cabinet, an assessment report said.

He did not declare an interest during a meeting in which £200,000 of government funding was approved for Spaceport, it said.

In the report, Mr Gardner said: "I had no idea that supporting an existing and longstanding Cornwall Council project, which I had already supported previously on multiple occasions would bring anybody into disrepute. However, I am very sorry for the harm which this has caused."

Devon and Cornwall Police said in early April they were investigating following a report of misconduct in public office by an individual in the Newquay area.

A spokesperson said enquiries were ongoing.

Details of the matter were heard at the final meeting of Cornwall Council before the election on 1 May.

The ruling Conservative group was voted out at the election and there was now a Liberal Democrat / Independent administration leading the council.

Mr Gardner, from Newquay, stepped down as the council's head of the economy on taking the Spaceport job and retired as a councillor on 1 May.

Cornwall Council withdrew the £200,000 funding in April and Mr Gardner resigned from Spaceport Cornwall in May.

An assessment of Mr Gardner's behaviour was conducted by Cornwall Council assurance officer Simon Mansell following complaints from Matthew Stokes, the council's head of legal and democratic services, and Independent councillor Julian German.

Mr Mansell concluded Mr Gardner failed to properly register his disclosable pecuniary interest, with part of the complaint also forwarded to the police to consider if an offence had been committed.

Mr Mansell said: "Even if he believed at the time of the meeting that Spaceport would not benefit, it does not alter the fact that he voted for and seconded the grant knowing that he would be working for that company and there might be at least an indirect benefit to himself.

"It may be therefore that Councillor Gardner had used his position improperly to the advantage of himself or anyone else contrary to the code of conduct."

In his complaint, Mr Stokes said Councillor Gardner had failed to declare an interest at a meeting of the Isles of Scilly Economic Prosperity Board (EPB) two days after he was offered the job with Cornwall Airport Ltd and one day after accepting it.

He said the decision around funding "might reasonably be regarded" as affecting the financial position of Spaceport and Mr Gardner's own wellbeing.

Citing five paragraphs of the Cornwall Council code of conduct for councillors, he said a "reasonable person with knowledge of all the relevant facts" would consider his interest so significant it was likely to "prejudice his judgement of the public interest".

Mr Gardner said he had made the "personal decision" he did not have an interest based on a number of factors.

These included the fact he was not yet an employee at Cornwall Airport and it was not certain the process would "run to completion".

He said the project was "existing and longstanding" with the council and "fully endorsed by Cabinet".

"In hindsight, I would have sought legal advice from Cornwall Council legal team before the meeting."

He said he was "wary" of informing anybody about his appointment, following an agreement with the airport's managing director and felt he "could not trust" officers or councillors not to "leak news" to the media or elsewhere.

He said the £200,000 would not have affected him or his "ability to succeed in his role".

Mr Gardner added: "I did not have interests in my mind about bringing my office into disrepute."

As well as part of the complaint decision being forwarded to the police, the decision notice has been sent to the complainants, Mr Gardner and a copy placed on Cornwall Council's website.

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