THE report which convinced councillors in 2012 to sign a deal with a private company for a £24 million waste management plant at Easter Langlee will not be released to the public.

“The contents are covered by a confidentiality agreement by which we are bound,” claimed Scottish Borders Council leader David Parker.

He was responding at last week’s full council meeting to a plea by Conservative opposition member Gavin Logan for the document, entitled “Waste Treatment Project Contract Variation”, to be released.

In the spring of 2011, the council reached an agreement with New Earth Solutions (NES) to deliver at mechanical biological treatment (MBT) composting plant at the Galashiels site which would have diverted 80% of all the region’s waste away from landfill.

But on October 25, 2012, councillors agreed in private to legally vary that contract, with NES charged instead to deliver a heat-generating advanced thermal treatment (ATT) solution at the same site.

That deal was torn up in February this year because the advanced thermal treatment technology was untested and NES could not secure the required investment funding.

Shortly afterwards, the council admitted it had spent £2.2 million, including VAT, on the failed procurement and this would be written off.

Subsequent attempts via Freedom of Information to discover why councillors had endorsed the radically amended advanced thermal treatment project have drawn a blank, with the council citing a commercial confidentiality agreement for non-disclosure. 

In August, Councillor Logan was assured all councillors who attended the 2012 meeting knew the advanced thermal treatment  technology was untested and were aware of the risks.

Last week, in a question to Councillor Parker, he sought full disclosure of the report which informed the fateful and expensive decision.

“Given the public concern highlighted in letters, reports in the local press and verbally by our constituents, do you agree the October, 2012 report contains nothing that could possibly be construed as commercially confidential or sensitive and should now be released to the public?” he asked.

Citing the confidentiality agreement, Councillor Parker replied: “No, I do not agree.”

Councillor Logan expressed his “disappointment”, adding: “If we got it wrong, which we clearly did, then I for one am prepared to put my hand up. 

“In the absence of the facts, we will now rightly by judged by the court of public opinion.”