Highland MSP Andrew Baxter has confirmed he will not take part in Highland Council’s special meeting to reconsider the controversial taxi operator’s licence application involving convicted rapist David Brown.

Mr Baxter, who is also a Highland councillor, said he had been advised by Highland Council officers that because he had already made public comments on the case in his capacity as an MSP, participating in the hearing risked a breach of the Councillors’ Code of Conduct as it could be viewed that his public comments meant he had pre determined the matter.

Explaining his position, Mr Baxter said:

“I make no apology for speaking my mind.

“I did so because it exposes a serious gap in our licensing laws.

“There is no way a convicted rapist, or someone committing other serious sexual offences, should hold either a taxi driver’s licence or a taxi operator’s licence.

“There must be an automatic ban.”

Mr Baxter said he accepted the advice he had received regarding the Code of Conduct and hoped councillors would focus on what he described as the central issue before them.

“It’s a simple question.

“Is David Brown, a convicted rapist who committed his offence while working as a taxi driver, a fit and proper person to hold a taxi operator’s licence?

“There is only one possible answer to that question: no.”

“It’s incredible that some councillors defended their decision by saying there were mitigating circumstances.

“They are wrong.

“There are no mitigating circumstances.

“Public safety and confidence comes first.”

Mr Baxter also questioned why the hearing is expected to be held in private.

“There are legitimate occasions when licensing committees must exclude the public because exempt information is being discussed.

“However, in this case the overwhelming majority of the relevant facts are already in the public domain following court proceedings and extensive media reporting.

“The fit and proper person test should not require prolonged discussion behind closed doors.”

He said the case had highlighted wider concerns about both transparency and the law governing taxi licensing.

“This case raises important questions.

“Are councillors hiding behind private licensing hearings to shield them from criticism when they make controversial decisions.

“I will be seeking a meeting with the Cabinet Secretary for Justice, alongside other concerned MSPs, to discuss whether the current guidance on private hearings remains appropriate and whether legislation should be strengthened where there is an overwhelming public interest.”

Mr Baxter said he intends to press for changes to the law when the Scottish Parliament returns from recess.

“When Parliament returns after recess I will press for changes to the law.

“Those convicted of rape and other serious sexual offences should never again hold taxi driver or taxi operator licences in Scotland.”

He concluded by urging fellow councillors to restore public confidence in the licensing system.

“Although I cannot take part in tomorrow’s meeting, I hope those who do will make the right decision.

“Public confidence in the licensing system depends upon it.”