TUV MLA's questioning of witness ruled not a breach of code

Traditional Unionist Voice (TUV) assembly member Timothy Gaston did not breach the code of conduct while questioning a witness during a meeting of the Executive Office committee, Stormont's standards watchdog has found.

A complaint had been lodged by Age NI after some of its staff appeared before the committee last October.

Age NI argued Gaston's line of questioning towards Kellie Turtle was inappropriate and later complained to Stormont's standards commissioner.

The investigation has concluded the MLA did not breach the code but described his questions to the witness as "excessive".

In its report, published on Friday, Stormont's committee for standards and privileges said the commissioner had investigated two alleged breaches of the code of conduct.

The complainant had alleged Gaston had improperly interfered with the performance of the assembly by "distracting and diverting the committee away from the matter" that the witnesses had been invited to speak about and therefore interfered with the work of the committee.

Gaston had 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, and later made reference to previous comments on Ms Turtle's social media accounts.

The commissioner, Melissa McCullough, did not uphold the complaint, explaining that whether the MLA's questions were relevant or not, Gaston's role on the committee was to ask questions of witnesses who appear before it.

She also determined that Gaston had not breached another rule, which says MLAs should not subject anyone to "unreasonable and excessive personal attacks".

Ms McCullough's report stated: "It is my view that it was excessive but not unreasonable or an attack on Dr Turtle to have asked the questions."

However she did find that he had "failed to observe the Respect Principle" of conduct, which says MLAs should "show respect and consideration for others at all time".

Following the publication of the report, Gaston said he welcomed the findings.

"This ruling is a welcome affirmation of the essential role that MLAs play in scrutinising public policy—particularly on sensitive and contested matters," he said.

"Scrutiny is not only permitted in the assembly —it is essential. Attempting to silence MLAs for raising legitimate concerns undermines the integrity of our democracy.

"All who value freedom of speech and proper scrutiny should welcome this report."

The chairwoman of Stormont's standards committee, Cathy Mason, said the committee took any allegation of a breach of the code of conduct "very seriously".

"It is important that members should at all times conduct themselves in a manner which will maintain and strengthen the public's trust and confidence in the integrity of the assembly and that members should show respect and consideration for others at all times."