Session 2008/2009
Eighth Report
COMMITTEE ON STANDARDS AND PRIVILEGES
Report on Complaints against Mrs Iris Robinson MP MLA
TOGETHER WITH ADVICE FROM THE INTERIM ASSEMBLY COMMISSIONER
FOR STANDARDS, COMPLAINTS RECEIVED, OTHER CORRESPONDENCE AND
MINUTES OF PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT
Ordered by The Committee on Standards and Privileges to be printed on 2 July 2009
Report: 46/08/09R (Committee on Standards and Privileges)
This document is available in a range of alternative formats.
For more information please contact the
Northern Ireland Assembly, Printed Paper Office,
Parliament Buildings, Stormont, Belfast, BT4 3XX
Tel: 028 9052 1078
Committee Powers and Membership
1. The Committee on Standards and Privileges is a Standing Committee of the Northern Ireland Assembly established in accordance with paragraph 10 of Strand One of the Belfast Agreement and under Assembly Standing Order Nos. 50 and 57.
2. The Committee has power:
- to consider specific matters relating to privilege referred to it by the Assembly;
- to oversee the work of the Assembly Clerk of Standards;
- to examine the arrangement for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interest established by the Assembly, and to review from time to time the form and content of those registers;
- to consider any specific complaints made in relation to the registering or declaring of interests referred to it;
- to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the Committee’s attention;
- to recommend any modifications to any Assembly code of conduct as may from time to time appear to be necessary.
3. The Committee is appointed at the start of every Assembly, and has power to send for persons, papers and records that are relevant to its enquiries.
4. The membership of the Committee is as follows:
Mrs Carmel Hanna, Chairperson
Mr Willie Clarke, Deputy Chairperson[1]
Mr Allan Bresland Mr Francie Brolly
Rev Dr Robert Coulter Mr Jonathan Craig[2]
Mr David Hilditch Mr Paul Maskey[3][4]
Mr Alastair Ross[5] Mr George Savage
Mr Brian Wilson
5. The Report and evidence of the Committee are published by the Stationery Office by order of the Committee. All publications of the Committee are posted on the Assembly’s website: (archive.niassembly.gov.uk.)
6. All correspondence should be addressed to the Clerk to the Committee on Standards and Privileges, Committee Office, Northern Ireland Assembly, Room 284, Parliament Buildings, Stormont, Belfast BT4 3XX. Tel: 02890 520333; Fax: 02890 525917; e-mail: committee.standards&privileges@niassembly.gov.uk
[1] Mr Clarke replaced Mr McHugh as Deputy Chairperson with effect from 21st January 2008.
[2] Mr Jonathan Craig replaced Mr Alex Easton as a Member of the Committee with effect from 15 September 2008.
[3] Mrs McGill replaced Mr McHugh as a Member of the Committee with effect from 28th January 2008.
[4] Mr Maskey replaced Mrs McGill as a Member of the Committee with effect from 20 May 2008.
[5] Mr Ross replaced Mr Adrian McQuillan as a Member of the Committee with effect from 29th May 2007.
Table of Contents
Appendix 1
Advice from the Interim Assembly Commissioner for Standards
Appendix 2
Complaints received –
Appendix 3
Correspondence received from the PSNI
Appendix 4
Proceedings of the Committee Relating to the Report
Eighth Report
The Committee on Standards and Privileges has agreed to the following Report:
Complaint Against Mrs Iris Robinson MP MLA
1. The Committee on Standards and Privileges has considered advice from the Interim Assembly Commissioner for Standards on a number of complaints against Mrs Iris Robinson MLA. This advice is set out at Appendix 1.
2. Following public comments made by Mrs Robinson in June 2008 on the issue of homosexuality, the Committee received a number of objections. Those objections that the Committee received which constituted official complaints (i.e. those which were not anonymous and where the complainants had made specific reference to the part of the Code of Conduct which they considered to have been breached) are set out in Appendix 2.
3. It is unfortunate for all concerned that it has taken until now for the Committee to consider these complaints. However, the Committee had agreed that, as the complaints related to matters which were at the time subject to an ongoing investigation by the PSNI, the Interim Commissioner should defer his investigation until the outcome of the PSNI’s investigation was made known.
4. In May 2009 the Committee received advice from the PSNI (attached at Appendix 3) which stated that, further to its consultation with the Public Prosecution Service, the PSNI believed that there were no reasonable grounds to believe that an offence had been committed and, consequently, its investigation was now closed. The Committee therefore advised the Interim Commissioner that he should recommence his suspended investigation into the complaints made against Mrs Robinson.
5. The Interim Commissioner has since advised the Committee that the existing Code of Conduct is silent in respect of the expression of views by Members on moral and social matters. Accordingly, the Interim Commissioner has advised that the case does not warrant any further action within the terms of the Code. The Committee agrees with the Interim Commissioner’s advice and the complaints are therefore not upheld.
6. The Committee recognises the fundamental issues that are raised by this case. On one hand elected representatives must be free, within the law, to express any political opinion that they may hold: this includes opinions on moral and social issues. Such freedom of expression is an essential aspect of any democracy. It would therefore not be appropriate for the Assembly to seek to prevent or limit any political opinion being expressed legally. To do so would suppress a Member’s right to free speech and would be inconsistent with the principles of a democratic society.
7. However, it is also the case that while Members must be entitled to express their opinions, as public representatives they nonetheless have a particular responsibility for the manner in which they express such beliefs and views. It is essential that in acting in the interests of the community as a whole, Members recognise their responsibility in this important area. In particular it is essential that, when expressing their beliefs, Members are conscious of the risk of some groups in society using the articulation of those sincerely held beliefs as a reason to physically attack members of any community who also have the right to live their lives without fear of attack or hostility from others.
8. While the existing Code is silent on these matters, the new Code of Conduct, which has been agreed by the Assembly and which comes into effect from 12 October 2009, clearly sets out in its scope the clarified position on Members expressing political opinions. Members will be entitled to legally express any political opinion that they may hold. In doing so, however, Members will have to have regard to the Principles of Conduct and should not express opinions in a manner that is manifestly in conflict with these principles.
Advice from the Interim Assembly Commissioner
for Standards
Appendix 2
Complaints Received
Complaint received by email dated
11 June 2008 from Mr Bond
Dear Dr Pelan,
I have looked through the code of contact. I can see at glance, that most of the rules therein could be open to interpretation?
However, I would still like the committee to consider my complaint. I consider the Mrs Iris Johnson have breached at least two rules.
1. Members have a duty to uphold the law and to act on all occasions in accordance with the public trust placed in them.
I consider that the language that Mrs Iris Johnson used was offensive, hurtful, and indeed dangerous. I consider that Mrs Robinson deliberately set out to to influence others in what she said on live radio, and that she may have broken the law, in regards to the law of incitement to hate. I have read lately that the police are investigating this matter. I am further disturbed that she would use such language in the light of the latest homophobic attack in the area? People can get hurt, and indeed get killed by people whom hold similar views to that of Mrs Iris Robinson.
Secondly, there is no doubt in my mind that she has broken the trust that some of her constituency had place in her. She did this by speaking out her own private views on radio, which were extremely biggoted, angry, and filled with hate, and which undoubtly offended a large part of her constituency, and the world. Maybe someone should of reminded Mrs Robinson, that she is actually democratically elected political leader, and as such should keep her mouth firmly closed when it comes to her own private biggoted views. Furthermore, I grew up in N.Ireland, so am aware that the country is not some type of non secular-state, maybe someone should also of reminded Mrs Robinson of this fact.
2. Members have a general duty to act in the interests of the electorate and the community as a whole; and a special duty to their constituents.
Mrs Iris Robinsons statements where definitely not supportive of the community as a whole. Whether Mrs Robinson knows it or not, there are gay people and their families and friends living in the community, and are part of her electorate. I would go further and say, that at least 10% of her constituency is gay, not forgetting the families and friend of gay people, who I am sure are equally offended by her offensive and hate filled words. She therefore has obviously not acted in the interests of her community, and constituency as a whole.
Robert Bond
Complaint received by email from
Mr Cook dated 10 June 2008
Many thanks for your reply. I have been looking at the link you sent me and I am not sure whether I can proceed or not as there is nothing specifically related to the issue I have concerns about.
My complaint is with regards to the derogatory comments made by MLA Iris Robinson with regards to sexual orientation. It is my interpretation that someone of her position should regard all persons equally and without prejudice, and I believe her remarks, of which she is unapologetic for, are not consistent with a non prejudicial view. Referring to the sexual practices of homosexual individuals as an abomination and offering services to the same population to have them converted to heterosexuality would suggest that Mrs Robinson sees it as a disorder. It is also clearly a judgement statement. Advocating the treatment of a disorder that does not exist is potentially very dangerous and can potentially impact on public perception. This could result in public disadvantage if such views were to be upheld by society. Mrs Robinson should be protecting the public, particularly in light of The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006. This is particularly of concern to me considering Mrs Robinson’s position as chairperson of the Health Committee – sexuality and sexual orientation are integral components of health. Her personal views clearly are not in keeping with contemporary healthcare perspectives on homosexuality and indeed the view of the law. Her views clearly indicate to society that she does not regard all person’s of diverse sexual orientation as equal as she is derogatory about acts associated with a particular orientation..
My interpretation of the Code of Conduct which you referred me to is that two sections of this could be considered to be violated:
- Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust and confidence in the integrity of the Assembly and never undertake any action which would bring the Northern Ireland Assembly, or its Members generally, into disrepute. – Mrs Robinson’s public expressions have brought significant negative media attention and would appear to have weakened the trust and confidence of at least the homosexual community, if not the wider community. It would not be possible for those of same sex orientation to have trust or confidence in her position as chair of the Health Committee.
- Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest – Mrs Robinson has clearly created conflict between her personal religious/spiritual beliefs and public interest, particularly in light of the Equality Act. She has also gone as far as to confirm her personal views in the face of public backlash, maximising the divide she has created.
I would appreciate your opinion on whether there are grounds to submit a complaint before I proceed,
Yours sincerely
Neal Cook
Letter of complaint dated
14 June 2008 received from Mr Kelly
Complaint received by email dated
9 June 2008 from Mr Magee
Dear Dr Pelan,
I have looked through the code of contact. I can see at glance, that most of the rules therein could be open to interpretation?
However, I would still like the committee to consider my complaint. I consider the Mrs Iris Johnson have breached at least two rules.
1. Members have a duty to uphold the law and to act on all occasions in accordance with the public trust placed in them.
I consider that the language that Mrs Iris Johnson used was offensive, hurtful, and indeed dangerous. I consider that Mrs Robinson deliberately set out to to influence others in what she said on live radio, and that she may have broken the law, in regards to the law of incitement to hate. I have read lately that the police are investigating this matter. I am further disturbed that she would use such language in the light of the latest homophobic attack in the area? People can get hurt, and indeed get killed by people whom hold similar views to that of Mrs Iris Robinson.
Secondly, there is no doubt in my mind that she has broken the trust that some of her constituency had place in her. She did this by speaking out her own private views on radio, which were extremely biggoted, angry, and filled with hate, and which undoubtly offended a large part of her constituency, and the world. Maybe someone should of reminded Mrs Robinson, that she is actually democratically elected political leader, and as such should keep her mouth firmly closed when it comes to her own private biggoted views. Furthermore, I grew up in N.Ireland, so am aware that the country is not some type of non secular-state, maybe someone should also of reminded Mrs Robinson of this fact.
2. Members have a general duty to act in the interests of the electorate and the community as a whole; and a special duty to their constituents.
Mrs Iris Robinsons statements where definitely not supportive of the community as a whole. Whether Mrs Robinson knows it or not, there are gay people and their families and friends living in the community, and are part of her electorate. I would go further and say, that at least 10% of her constituency is gay, not forgetting the families and friend of gay people, who I am sure are equally offended by her offensive and hate filled words. She therefore has obviously not acted in the interests of her community, and constituency as a whole.
Brent Magee
Additional complaint received by email
dated 9 June 2008 from Mr Magee
Dear Dr Pelan,
I would also like to add this to my official complaint for your commitee to consider.
Leadership
Holders of public office should promote and support these principles by leadership and example.
Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest.
Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust and confidence in the integrity of the Assembly and never undertake any action which would bring the Northern Ireland Assembly, or its Members generally, into disrepute.
The below comments (from original interview) are of a ‘personal interested’ (belief) and not in the ‘public interest’ as a whole. It would appear that Mrs Iris Robinson’s leadership skills are non existence and as a public figure with enormous responsibilities, representing the public, should be reprimanded accordingly by making a full public statement apologising for her conduct, which I find disgusting and nauseating and an extremely draconian way of thinking. This woman’s comments are shamefully wicked and vile.......
Comments made to Stephen Nolan on BBC radio.
Stephen Nolan: Do you think for example that homosexuality is disgusting?
Iris Robinson: Absolutely
Stephen Nolan: Do you think that homosexuality should be loathed?
Iris Robinson: Absolutely
Stephen Nolan: Do you think it is right for people to have a physical disgust towards homosexuality?
Iris Robinson: Absolutely
Stephen Nolan: Does it make you nauseous?
Iris Robinson: Yes
Stephen Nolan: Do you think that it is something that is shamefully wicked and vile?
Iris Robinson: Yes, of course it is, it’s an abomination.
Brent Magee
Complaint received from Mr McGuire
by email dated 4 March 2009
Sir,
Firstly Mrs. Robinson breached the fact that she didn’t act in the public interest. The comments she made on the Steven Nolan show in June 2008 are homophobic and do not fit in with modern society, The code also states how members are accountable for their decisions and Mrs. Robinson made the decision to make these offensive and hurtful comments.
Lee McGuire
First email received from Mr McGuire dated 26 February 2009
Dear Sir,
I am shocked and appalled at the lack of action taken against Iris Robinson after her Homophobic comments made against the Gay and Lesbian community in Northern Ireland. As it is US that elects these so called Ministers into government I wish to make clear my disgust at the Northern Ireland assembly and must forewarn that many Gay and Lesbian people feel let down and feel like second class citizens due to this and therefore may throw away any support they once had for the assembly.
Regards
Lee McGuire
Letter of complaint dated 10 June 2008 received from Mr Vaughan
Dear Dr. Pelan,
MLA Strangford: Mrs. Iris Robinson
I wish to formally complain about the views regarding homosexuality that have been publicly expressed and reported in the media by the above named MLA.
In openly expressing the view that homosexuality is an “abomination" and that homosexuals require “psychiatric help", I believe that Mrs Robinson has breached the ‘The Code of Conduct for Members of the Northern Ireland Assembly".
I believe that two specific sections of the Code have been breached:
(1) Public Duty: “Members have a general duty to act in the interests of the electorate and the community as a whole"
(2) Leadership: “Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust and confidence in the integrity of the Assembly"
In expressing such extreme views on homosexuality Mrs Robinson is failing in her duties to act in the interests of the community as a whole or to maintain the public’s trust in the integrity of the Assembly. Her views are offensive to not only gay men and women in Northern Ireland but to their friends, families and colleagues.
In expressing her religious views I believe that Mrs Robinson gives credence and legitimacy to those less intelligent and more extreme individuals who continue to perpetrate physical acts of violence or direct homophobic abuse against gay men and women.
I also find Mrs Robinson’s role as Chairwoman of the ‘Health, Social Services and Public Safety Committee’ unacceptable in light of her widely publicised views. I question whether such a position is tenable given that her views may have an indirect effect on the public safety of gay men and women in Northern Ireland.
Finally, I would like to note that I strongly believe in Mrs Robinson’s right to her own personal beliefs and religious views. But I object vociferously to the public expression of extreme or homophobic views by someone who has chosen to become an MLA and MP and is bound by ‘The Code of Conduct for Members of the Northern Ireland Assembly.
Yours sincerely,
Mark Vaughan LLB.
Complaint received by email
dated 10 June 2008 from Mr Vernon
Good Afternoon,
I wish to make a formal complaint over the comments that Iris Robinson has made on Local radio - specifically on Friday 4th June 2008 (Nolan Show)
Firstly I firmly believe that the MP/MLA in in breach of Section 75 of the Northern Ireland Act and I personally feel discriminated because of her comments. I have today spoken with the Equality commission and will be taking advise with them through time.
I believe she is also in breach of your own guidelines - as detailed below
Integrity
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
I further believe she has insighed hate on gay people by her comments and that as such legal acrtion, by your commitee should be taken.
I look forward to your reply.
John Vernon
Appendix 3
Correspondence received from the PSNI
Response from PSNI 11 May 2009
Appendix 4
Proceedings of the Committee Relating
to the Report
Wednesday, 10th September 2008
Room 135, Parliament Buildings
Present: Mrs Carmel Hanna (Chairperson)
Mr Willie Clarke (Deputy Chairperson)
Mr Allan Bresland
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr Brian Wilson
In Attendance: Mr Paul Gill (Assembly Clerk)
Dr Kevin Pelan (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Miss Eleanor Murphy (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)
Apologies: Mr Francie Brolly
Mr George Savage
The meeting commenced at 2.04pm in public session.
Letter from Interim Commissioner to the Committee in regards to a complaint.
The Committee considered correspondence from the Interim Commissioner in respect of complaints against an Assembly Member.
Agreed: The Committee agreed the draft letter of response to the Member who is the subject of the complaint and instructed the Clerk to write to each of the complainants.
Mr MacQuarrie left the meeting at 3.20pm.
The Committee moved into public session at 3.20pm.
[EXTRACT]
Wednesday, 1 April 2009
Room 135, Parliament Buildings
Present: Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev Robert Coulter
Mr Jonathan Craig
Mr David Hilditch
Mr Paul Maskey
Mr Alastair Ross
Mr Brian Wilson
In Attendance: Mr Damien Martin (Clerk Assistant)
Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Miss Carla Campbell (Clerical Supervisor)
Miss Paula McManus (Clerical Officer)
Apologies: Mr Willie Clarke
Mr George Savage
The meeting commenced at 2.02pm in closed session.
Consideration of a deferred investigation into a complaint against a Member
Agreed: Members agreed that, further to having received the necessary confirmation from the PSNI, the Interim Commissioner should be asked to recommence his deferred investigation into a complaint against a Member.
[EXTRACT]
Wednesday, 1st July 2009
Room 135, Parliament Buildings
Present: Mrs Carmel Hanna (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev Robert Coulter
Mr Jonathan Craig
Mr David Hilditch
Mr Paul Maskey
Mr Alastair Ross
Mr Brian Wilson
In Attendance: Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Mr Gerard Rosato (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)
Apologies: Mr Willie Clarke
The meeting commenced at 2.08pm in closed session.
Advice from the Interim Assembly Commissioner for Standards on a complaint against a Member
Agreed: Members noted that the Advice from the Interim Assembly Commissioner for Standards had been leaked. Following discussion the Committee agreed that the Clerk should draw up a paper for consideration at a future meeting outlining options to minimise the possibility of advice being leaked in the future.
Agreed: The Committee also agreed that a Press Release condemning the leaking of the advice should be issued.
Members noted the contents of the Advice received from the Interim Assembly Commissioner for Standards on a complaint against a Member.
2.35pm Mr Frawley and Mr MacQuarrie joined the meeting.
The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office and invited them to make a presentation to the Committee. After the presentation Dr Frawley and Mr MacQuarrie answered a number of questions from the Committee.
The Interim Commissioner put on the record his concern about the leaking of his advice.
The Interim Assembly Commissioner for Standards updated the Committee on outstanding issues and wished the Chairperson well in her new role as a member of the Assembly Commission.
2.50pm Dr Frawley and Mr MacQuarrie left the meeting.
Agreed: Following discussion the Committee agreed that, as per the advice of the Interim Commissioner, the conduct complained of did not represent a breach of the Code and that a draft Committee Report on the complaint should be prepared by the Clerk for consideration by the Committee at the next meeting.
[EXTRACT]
Thursday, 2nd July 2009
Senate Chamber, Parliament Buildings
Present: Mrs Carmel Hanna (Chairperson)
Mr Francie Brolly
Rev Robert Coulter
Mr Paul Maskey
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson
In Attendance: Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Mr Gerard Rosato (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)
Apologies: Mr Allan Bresland
Mr Willie Clarke
Mr Jonathan Craig
Mr David Hilditch
The meeting commenced at 12.06pm in closed session.
Committee Report on a complaint against a Member
Agreed: Members discussed and agreed the draft Report.
[EXTRACT]