DUP free speech concerns as councillor suspended over 'LGBTQIA alphabet soup' comments deemed 'personally hurtful' by watchdog

Colin Kennedy was given the news on Friday after an adjudication hearing by the Northern Ireland Local Government Commissioner for Standards (LGCS).

The DUP says the ban raises “far-reaching questions about freedom of speech” – and there is an “important distinction between criticism of political activism or ideology and hostility towards individuals because of their personal characteristics”.

The local authority watchdog decided that the comments – while already determined by police not to be hate speech – had “affected individuals who had protected characteristics” in law, and was “personally hurtful to a number of individuals”.

The watchdog’s sanction related to a specific comment made by the councillor at a council 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.

LGCS commissioner, Margaret Kelly, determined that Councillor Kennedy’s remarks “conflated the LGBTQIA+ community with support for the aims of Hamas”.

She said that in doing so “he 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”.

A press release issued by LGCS said: “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.

“Although the Commissioner found that he had brought his position as councillor into disrepute, she found he had not brought his council into disrepute”.

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, starting from the date of her full written decision”.

A DUP spokesperson told the News Letter: “This judgment raises important and far-reaching questions about freedom of speech and the ability of elected representatives to express political views on contentious issues.

“Freedom of expression must protect not only popular opinions, but also views that others may strongly disagree with or find uncomfortable. Democratic debate cannot function if councillors are at risk of sanction simply for expressing robust political opinions.

“There is an important distinction between criticism of political activism or ideology and hostility towards individuals because of their personal characteristics. That distinction must be carefully protected.

“We will now take time to consider the full detail of the judgment and its wider implications for free speech and democratic representation.”

At the time, the Alliance Party said it was “disgusted” by the comments – adding that “any mainstream party anywhere else in these islands would have suspended this councillor by now”.

The full report will not be published until at least next week, so it is not possible to shed any further light on the reasoning behind the judgement, or any arguments put forward by Mr Kennedy in his own defence.

During the meeting in question, Alliance councillor Hannah Irwin – who recently quit the party – said “as a member of the LGBTQ community” she felt “pretty personally offended” by the DUP councillor’s comments.

Then-DUP mayor Jennifer Gilmour said she did not feel the comments were directed towards “a personal individual in the room” – adding that it was up to Cllr Kennedy whether to withdraw the remarks.

Mr Kennedy said that he would not withdraw what he had said, but said he he was happy to speak to Cllr Irwin afterwards to “assuage any concerns she might have”.

At the time, Ards and North Down Borough Council said the discussion had been handled in line with council standing orders. The row had come just weeks after the October 7 attacks on Israel by Islamist militants in Gaza, including Hamas. Israel then launched a wave of airstrikes on the Palestinian territory.