Councillor's ban over LGBTQIA comment 'indefensible' and breach of his human rights, peer warns
The local government watchdog’s suspension of a DUP councillor over remarks about LGBTQIA activists is “a clear breach” of his legal right to express his views, the head of a free speech pressure group has said.
Colin Kennedy had said supporters of “LGBTQIA alphabet soup agenda” were the same people who “defend” Hamas.
He has now been barred from the council chamber for three months after a ruling by the Local Government Commissioner for Standards (LGCS). Margaret Kelly found that the comments had “affected individuals who had protected characteristics” in law, and was “personally hurtful to a number of individuals”.
She also said Mr Kennedy had “conflated the LGBTQIA+ community with support for the aims of Hamas”.
However, Lord Toby Young, General Secretary of the Free Speech Union, has rejected that claim – saying that it was not aimed at individuals or any community, and he looks forward to helping the DUP man challenged the “indefensible sanction”.
He told the News Letter: “Colin Kennedy's three-month suspension is blatant interference in his right to freedom of expression by a public authority and, as such, a clear breach of Article 10 of the European Convention on Human Rights.
“What's particularly egregious is that he's been punished for supposedly saying something offensive to members of the LGBTQ community. But he didn't say members of that community are likely to be sympathetic to Hamas, only that people who campaign for enhanced LGBTQ rights are more likely to be sympathetic to violent opposition to the state of Israel, which is incontestably true. You only have to talk to Green Party candidates in the upcoming local elections to confirm that.
“I'm in touch with Colin and look forward to helping him challenge this indefensible sanction.”
The watchdog’s ruling related to a specific comment made by the councillor at a meeting in 2023, during a debate on a motion about the conflict between Israel and Islamist militants in Gaza.
On October 23 2023, Mr Kennedy told a meeting of Ards and North Down Borough Council: “Do not be surprised when those who enthusiastically endorse the LGBTQIA alphabet soup agenda in the West are the very same people who are now seeking to defend Hamas”.
The comment was reported to the police, who decided after an investigation that it did not amount to hate speech.
However, several complaints, from both members of the public and fellow councillors, were made to the Commissioner’s Office – alleging that the DUP councillor had failed to comply with the Councillor’s Code of Conduct.
The News Letter asked LGCS a series of questions on the matter. With regard to the commissioner's statement that the comments had “affected individuals who had protected characteristics” in law, and was “personally hurtful to a number of individuals”, this newspaper asked why the commissioner is conflating the comment “those who enthusiastically endorse the LGBTQIA alphabet soup agenda” with “individuals who had protected characteristics” in law.
We also asked if the commissioner accepts that many gay people oppose what has been crudely described as “the LGBTQIA alphabet soup agenda” – meaning LGBTQ ideology – and, if so, how she had reached this determination.
A spokesperson said: “The Commissioner’s full written decision, setting out the case findings and reasoning, will be published in due course on the Commissioner’s website”.
Last week, the DUP said the ban raises “far-reaching questions about freedom of speech and the ability of elected representatives to express political views on contentious issues”.
The full ruling has yet to be published. In a press release last week, Commissioner Kelly said that Cllr Kennedy “overstepped what may be regarded as acceptable political speech and went beyond the protections afforded as a political representative under Article 10 of the European Convention on Human Rights”.
The statement added: “In making her determination, the Commissioner stated that concluding the councillor had breached the Code was not a criticism of his right to express his political views. Rather some of what he said went beyond the acceptable bounds of proper political speech, affected individuals who had protected characteristics in Northern Ireland law, and was personally hurtful to a number of individuals”
The organisation referenced “mitigating and aggravating factors”, which included a previous breach of the same two articles of the Code. In light of that, Ms Kelly determined “the most appropriate sanction was to suspend Councillor Kennedy from his position as councillor for three months”.