Timothy Gaston facing two day Stormont ban after 'breathe' comment during Michelle O'Neill committee 'farce'
A report by the Standards Commissioner has found that Timothy Gaston breached the Assembly Members’ Code of Conduct after an “unreasonable and excessive personal attack” on Paula Bradshaw, the chair of the Executive Office committee.
It recommended MLAs sanction Timothy Gaston with a two day ban, after telling the committee chair to “breathe” and challenging her decisions during a controversial evidence session – which was derailed over an advance private meeting between Paula Bradshaw and the First Minister.
Michelle O’Neill had been before MLAs in 2024 to face questions on her party’s handling of the Michael McMonagle affair. Sinn Fein staff had provided employment references for the former press officer, who was later convicted of child sex offences.
The first minister argued that various questions were outside the scope of the committee, and refused to answer on that basis.
Ms Bradshaw ruled out a question from Mr Gaston on Mr McMonagle’s employment at Ms O’Neill’s MLA constituency office for three months in 2020 – before a police investigation into him began.
The Alliance MLA said that was a matter for the Assembly Commission or the Standards Commissioner and accused him of “badgering” the first minister.
In the heated scenes in October 2024, Mr Gaston had criticised a private meeting between the Alliance MLA and the Sinn Fein first minister in which they discussed aspects of how the meeting would be conducted, such as the legal remit of the committee.
He had asked her to step down from chairing the meeting – and accused her of attempting to limit the questions asked.
When Ms Bradshaw strenuously denied Mr Gaston’s claim that she would attempt to curtail questioning, the TUV MLA responded “Take a step back. You’re okay, you’re okay. Breathe”.
Later in a television interview with Stephen Nolan, she said the remarks were misogynistic, and subsequently complained the standards watchdog.
Events at the committee were described as a “farce” by the SDLP’s Sinead McLaughlin – who said MLAs had been “shut down due to interpretation of legal advice”. The Foyle MLA said what took place “was a disgraceful shutting down of scrutiny”.
A complaint by Mr Gaston about Ms Bradshaw’s handling of the committee was rejected by the commissioner, who argued that when acting as a chairperson of a committee, her actions fell “outside the scope” of the MLA code.
Mr Gaston opposed this – pointing to a precedent where Ulster Unionist MLA Steve Aiken was investigated and sanctioned while acting as a committee chair. However, the report dismissed that – saying “it could be reasonably argued that Dr Aiken was not acting exclusively in his capacity as committee chairperson during the conduct in question”.
Ms Bradshaw then complained about Mr Gaston’s conduct, which has been upheld. In her report, published on Monday, former commissioner Dr Melissa McCullough concluded that Mr Gaston’s “breathe” comments had “undermined and disrespected the Chair’s authority in a manner that goes beyond acceptable parliamentary discourse”.
Dr McCullough stopped short of endorsing Ms Bradshaw’s claim that Mr Gaston’s comments were misogynistic – ruling instead that it “may reasonably be perceived as condescending and patronising in tone”.
MLAs on the Standards and Privileges Committee upheld the report.
Ms Bradshaw’s complaint against the TUV MLA alleged he “failed to follow her directions as Chairperson, disregarded the rules relating to the Committee’s remit, and repeatedly made false or inaccurate public statements about her”.
She pointed to Mr Gaston’s “breathe” remarks, which she considered inappropriate and misogynistic. All this, she argued, had “unjustly undermined her integrity” and breached the code of conduct.
Dr McCullough concluded that Mr Gaston had breached Rule 15 of the code – as the comments were “an unreasonable and excessive personal attack”.
The Commissioner also found that Mr Gaston had breached Rule 13, arguing that his conduct at the meeting amounted to “improper interference with the performance of the Assembly’s functions” – as well as Rule 10, where she said he “failed to comply with the Assembly’s ‘policy, guidance or instructions’ by displaying unprofessional behaviour and discourtesy contrary to its Behaviour Code”.
Dr McCullough observed: “This is not merely a case of the accepted ‘rough and tumble’ of political life. It speaks to something more fundamental: the need for all Members to treat one another with courtesy and respect, to uphold the authority of the Chair, to recognise and adhere to the established remit and norms of the Committee”.
Having considered the Commissioner’s report, the Standards and Privileges Committee upheld the complaint and recommended that the Assembly sanction Mr Gaston by excluding from proceedings for two sitting days.
The Chairperson of the Committee on Standards and Privileges, Cathy Mason MLA said: “The Committee takes all breaches of the MLA Code of Conduct very seriously and is firmly of the view that Mr Gaston’s behaviour was inconsistent with the standards required.
“It is vitally important that Members respect the authority of committee chairpersons and uphold the rules and protocols which ensure the proper functioning of Assembly committees. I am therefore pleased that the Committee has agreed to recommend to the Assembly that it imposes what we consider to be an appropriate and proportionate sanction.”