Report could have ‘chilling effect’ on politicians’ free speech – Gavin Robinson

A report which found that a Stormont minister breached the ministerial code of conduct through social media comments made during rioting could have a “chilling effect” on free speech for politicians if not challenged, DUP leader Gavin Robinson has said.

In a report published on Friday, former independent Assembly commissioner for standards Melissa McCullough found that Communities Minister Gordon Lyons’ actions had the potential of “heightening tensions and exacerbating an already contentious situation”.

Mr Lyons was investigated over a Facebook post he published in June, after immigrant families were forced to flee their homes during racially-motivated riots.

The DUP minister has rejected the report, and his party leader Mr Robinson insisted the findings were “totally irrational”.

But SDLP leader Claire Hanna said if Mr Lyons did not face accountability it would be another “indictment of the failing and unreformed political structures” at Stormont.

The report findings relate to a Facebook post the minister made about the temporary relocation of immigrant families to Larne Leisure Centre following rioting in Ballymena last June.

Race-related anti-immigration violence flared in the Co Antrim town in June before spreading to other parts of Northern Ireland in subsequent days.

During the disorder, the leisure centre in Larne that had been temporarily used to house migrants whose homes had been targeted in Ballymena was attacked and extensively damaged.

In the post Mr Lyons pointed out that a “number of individuals” had been temporarily moved to the leisure centre following the disturbances.

He went on to state that he and his DUP colleagues had not been consulted about this, adding that the individuals had since been moved out of Larne.

The minister pointed said his post was intended to clarify the situation and calm tensions and that he had been acting at the request of police in pointing out publicly that the individuals who had been moved to Larne Leisure Centre had since left the venue.

The report concluded that Mr Lyons’ actions fell short of standards on leadership, accountability and community relations and said the minister had failed to show empathy for those who had been moved from their homes.

Mr Lyons has faced calls for his resignation from some other parties, and could face a motion of no-confidence in the Assembly.

However, he is unlikely to face any sanctions, as the DUP would veto any vote against him.

Addressing the controversy when speaking to the media on Monday, Mr Robinson said: “The report’s conclusions are totally irrational, do not stand up to scrutiny and are subjective.

“She is passing judgment on the ministerial code when there is no clear, discernible breach.

“There is no evidence to stack alongside her conclusions.

“I see it as wrong, I see it as foolhardy and I don’t see it as in any way within the interests of good government in Northern Ireland.”

Mr Robinson added that he believed the report had gone beyond its terms of reference.

He said: “The standards set by the former standards commissioner will not bode well for political engagement, for freedom of speech, for our ability to speak about public services or public institutions, our ability to praise or criticise.

“It has a chilling effect on how public representatives engage in public discourse and I don’t think it can stand.”

But Ms Hanna said there had been a “clear finding” in the report.

She added: “We have clearly found in the cold light of process that Gordon Lyons has breached the ministerial code.”

“We didn’t want to layer a political crisis on to a race hate crisis at the time, we wanted to allow the process to run its course.

“If accountability can’t be found by that process it will be yet another indictment of the failing and unreformed political structures here that are disconnecting with people.”

Colm Gildernew said Stormont’s Communities Commitee, which he chairs, would discuss what steps to take next at its meeting later this week.

The Sinn Fein MLA said: “The findings of the commissioner are very clear and unequivocal.

“The minister failed to show the leadership that was required from him as minister.

“He has a duty and a responsibility to all of those people who are victims of what was significant violence at that time and the commissioner has been very clear that he failed to meet the standards.

“The minister clearly needs to acknowledge his failure.”

Incoming Ulster Unionist leader Jon Burrows said he had not read the full report and would set out his position in the future.

He said: “I am reading that in detail, I want to read it line by line. I have listened to what Gordon said and I will give you my definitive view on that.

“But let me be very clear, it is very important that those who are in positions of public leadership weigh up everything they say, they reflect on whether what they said brought value or caused disunity, whether it increased tension or decreased tension and I am reading that report was we speak and I will give you my view on it.”