Councillor reveals toll of two-year free speech battle
Councillor reveals toll of two-year free speech battle

Glasgow Labour councillor Fiona Higgins has revealed she struggled to eat and sleep during a two-year free speech battle, saying she felt “gaslit” by an ethics watchdog that tried to block key evidence when a complaint was made against her.

Higgins’ situation began when she criticised former local authority official Martin Booth over proposed teacher cuts in the city. Booth made a complaint which ended up with a referral to the Standards Commission – a body that can hold hearings into councillors.

Court victory after blocked documents

After the Commission blocked documents from being part of the misconduct probe, she pursued a judicial review and won.

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Speaking to the Record, she said: “I have had long periods of being unable to sleep and disinterested in eating. Weeks at a time. I’ve also felt quite “on” for long periods where I can’t unwind and do normal things because I feel so alert.

“I’m coming to realise that these are indicators of stress and distress. When I did nurture training as a teacher we learned the phrase ‘the body keeps the score’, and I really know that now.

“I have been aware of feeling profoundly demoralised for long stretches because I know I’m going through an unfair process and there’s a horrible feeling of powerlessness that just makes you feel sick.”

Call for transparency over legal costs

She added: “It’s impossible to truly describe what it is like to feel gaslit by the national ethics body. The court’s decision has given me hope that I am entitled to be treated with fairness.”

We revealed last week that the Commission had refused to reveal its publicly-funded legal bill in the case. They said disclosure would expose them to “public comment”.

In an open letter to the Commission, Higgins said: “The Commission has said disclosure could expose it to ‘public comment and intervention’. That is difficult to reconcile with the standards the Commission itself promotes, and with the responsibilities carried by those who run it.”

She added: “The Commission is legally entitled to defend itself at judicial review and to be able to obtain legal advice to do so. But it is not clear why the public should be deprived of an understanding of the sum this has cost them.”

“If there is a compelling public-interest reason why the total cost must remain confidential, explain it clearly. If there is not, I urge you to publish the figure.

“The Commission rightly expects openness, accountability and stewardship from others in public life. It should be prepared to demonstrate the same standards itself.”

Judge criticises Commission decision

Higgins’ legal costs have been funded by rock star Paul McManus. In his legal decision, judge Lord Sandison said there was an “apparent lack of internal logic” in the decision made by the Commission.

The judge said it could “clearly be determined that it lay outwith the lawful powers of the Commission” to refuse seven of the documents.

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