The Ombudsman received a complaint that a member (“the Member”) of Denbighshire County Council (“the Council”) had breached the Code of Conduct (“the Code”). It was alleged that the Member made discriminatory comments about Gypsy, Roma, Traveller communities at a Council training session. In addition, it was alleged that the Member made comments of a discriminatory nature about the recruitment of women to the care sector, at a Council Committee meeting
An investigation considered whether the Member’s conduct was suggestive of a breach of paragraphs 4(a), 4(b) and 6(1)(a) of the Code. Information was obtained from the Council, including relevant documents and minutes. Several witnesses, including the complainant, were interviewed. However, there were difficulties in obtaining evidence from everyone present at the Council training session. The Member was interviewed as part of the investigation.
In relation to the first incident, the Member said that he disagreed with the views outlined in the training session and expressed this to the course providers. The Member explained that he stated his views, based on his personal experiences and that of his constituents. Having considered the evidence gathered, the Ombudsman determined that the Member’s comments could be considered as political expression and therefore attracted enhanced protection. Accordingly, the Member had the right to express his views. The evidence gathered did not suggest that the comments were directed towards Gypsy, Roma, traveller communities on the basis of their background or ethnicity. Therefore, the Ombudsman found that any finding of a breach of the Code would likely amount to a disproportionate interference with the Member’s right to freedom of expression. The Ombudsman noted that she did not condone the Member’s conduct and noted that having sight of the evidence gathered, the Member will now understand the level of upset caused and he may therefore wish to follow up on his offer to apologise to anyone he upset.
In relation to the second incident, having considered the evidence gathered, the Ombudsman considered that the rationale for the Member’s comments was inappropriate. The investigation found that the Member recognised that his comments were inappropriate and could be considered discriminatory. The widespread media coverage was capable of bringing the Member into disrepute, personally.
In considering whether further action was required, the Ombudsman noted that the Member’s comments would attract Article 10 protections. The Ombudsman also noted that the Member was immediately and strongly challenged on the comments he made and when interviewed, acknowledged that his comments were wrong and expressed remorse for what he had said. The Member apologised for what he had said and noted that he would not repeat such behaviour in the future. Accordingly, the Ombudsman was not persuaded that further action would be proportionate or in the public interest. However, she recommended that the Member formally, and on the record, apologise for his comments.
Under Section 69(4)(b) of the Local Government Act 2000, the Ombudsman determined that no action needs to be taken in respect of the matters investigated.