'Free speech and scrutiny vindicated' - Timothy Gaston cleared as Stormont report confirms it's his job to ask questions

Timothy Gaston says the ruling by Dr Melissa McCullough shows that “scrutiny is not only permitted in the Assembly – it is essential”, and has also questioned comments made by Ms Bradshaw during the investigation.

He says the Alliance MLA has shown a “fundamental misunderstanding” of the role of scrutiny committees, after she told the investigation that witnesses “weren’t there for scrutiny”.

Ms Bradshaw has made similar comments in the past, saying that she “was never going to challenge” someone giving evidence – after criticising Mr Gaston for questioning an unfounded claim that the Housing Executive was institutionally racist.

The investigation into Mr Gaston’s conduct began after he questioned a witness from the Age NI at the Executive Office (TEO) committee about whether the charity would view an elderly person in a care home requesting a bed-bath by someone of the same biological sex as “transphobic”. The North Antrim MLA also referred to social media posts by the witness – Age NI’s head of policy, Dr Kellie Turtle.

His approach prompted indignation from fellow committee members, including Ms Bradshaw and the DUP’s Brian Kingston who urged the TUV MLA to apologise. A complaint was then lodged by the charity.

The matter was investigated by the Commissioner for Standards who found that restricting MLAs from raising such questions in committee would constitute “an obvious interference with political expression”.

Explaining her reasoning, the commissioner said “The Committee is a scrutiny committee. It is Mr Gaston’s role, as a member of that Committee, to ask questions of witnesses that appear before it.

“Irrespective of whether Mr Gaston’s questions are believed to be relevant or not, and/or any negative impact those questions may have on witnesses or prospective witness attendance, I do not believe in the context of this complaint that it can be said that Mr Gaston has improperly interfered with the performance of the Assembly of its functions in breach of Rule 13”.

North Antrim MLA Mr Gaston said: “I welcome the decision of the Northern Ireland Assembly’s Commissioner for Standards to dismiss the complaint lodged against me in relation to questions I asked during a committee session last October.

“The complaint, submitted by Dr Paschal McKeown of Age NI, concerned my questioning of her colleague, Dr Kelly Turtle. I asked whether Age NI would regard it as transphobic if an elderly person in a care home requested to be assisted by someone of the same biological sex. This is a legitimate and relevant concern, especially in the context of public policy and safeguarding.

“Rather than receiving an answer, I was subjected to a formal investigation — simply for raising the question and referring to Dr Turtle’s publicly available statements on social media. That investigation has now concluded, and the findings are clear.

“The Commissioner found that: • My questions were consistent with the TUV manifesto, which clearly sets out our stance on transgenderism; • Restricting MLAs from raising such questions in committee would constitute “an obvious interference with political expression”; • There was no improper interference with the work of the Assembly and • It was not unreasonable for me to have read and referenced Dr Turtle’s public posts.

“This ruling is a welcome affirmation of the essential role that MLAs play in scrutinising public policy—particularly on sensitive and contested matters. As the Commissioner noted: It is Mr Gaston’s role, as a member of that committee, to ask questions of witnesses that appear before it.” He said his role as a committee member to ask questions of witnesses is “a basic democratic principle, and I trust the Chair of the Committee, Paula Bradshaw, will reflect carefully on the report’s findings”.

The TUV MLA said a transcript of Ms Bradshaw’s interview with the Commissioner “raises troubling suggestions”. “She claims that witnesses ‘weren’t there for scrutiny’ – a fundamental misunderstanding of committee proceedings as illustrated by the Commissioner’s findings”, he said. He also accused the Alliance politician of complaining “that I come ‘prepared’ each week with a list of questions and argues that this goes ‘against the convention of committees’ where, by her own admission in the same interview, MLAs sometimes appear without having even read the papers or even understanding the role of the department.

“She even accuses me of ‘persistent foul play,’ citing my appearances on the Nolan Show or articles published in the News Letter”. He said he would continue “to speak plainly on issues that matter - including transgender madness”. “I welcome the fact that since the meeting took place in October the Supreme Court has ruled that single sex spaces should be respected and that elderly people in care homes have a legal right to demand that they receive intimate care from those of the same biological sex. I trust that all charities - including Age NI - have taken note of this and will not have difficulty answering such simple questions going forward.”

MLAs on the Standards and Privileges Committee said they “concurred with the findings of the Commissioner that Mr Gaston did not breach the Code”. However, they also said that “Mr Gaston’s behaviour amounted to a failure to observe the Respect Principle, which is one of the principles of conduct set out in the Code”.

The chair, Sinn Fein MLA Cathy Mason, described Mr Gaston’s comments as “excessive” and said MLAs “should show respect and consideration for others at all times”.

The Alliance Party has been contacted for comment.