A former Dundee councillor has been cleared over an ‘offensive’ Twitter post.
Gregor Murray - who was Scotland’s only openly transgender councillor - posted the comments in June 2021
This week a Standards Commission Panel described the comments by former Cllr Murray - who is non-binary and uses the pronouns they/them - as ‘disrespectful' and amounting to 'harassment’.
But following consideration of the former SNP politician's freedom of expression, the hearing ruled that a formal finding of a breach of the code of conduct and imposition of sanction “could not be justified”.
Tricia Stewart, Standards Commission Member and Chair of the Hearing Panel, said: “The Panel found that former Cllr Murray made public and serious accusations about a member of the public, without sufficient justification.
“The Panel found that former Cllr Murray could have expressed their views on the member of the public’s beliefs in a more appropriate manner, without resorting to making offensive and disrespectful personal and public attacks that amounted to harassment”.
At the hearing, held in Dundee on 1 June 2022, it was not in dispute that former Cllr Murray made public accusations that the Complainer, a public law solicitor, had “bullied and intimidated trans people and that his employer, a prominent charity law centre, had used public money to defend transphobia”.
The Panel was satisfied that former Cllr Murray was commenting on matters of public concern, namely issues concerning the debate on gender recognition and trans rights.
In the circumstances, the Panel considered that former Cllr Murray would attract the enhanced protection of freedom of expression afforded to politicians, including local politicians, under Article 10 of the European Convention on Human Rights.
As such, the Panel noted that there was limited scope to restrict former Cllr Murray’s right to freedom of expression.
In clearing former Cllr Murray, Mrs Stewart added: “The Panel would wish to emphasise that the requirement for councillors to lead by example and behave in a respectful and courteous manner towards members of the public, regardless of the polarity of the views under debate, is a fundamental requirement of the Code, as it ensures a minimum standard of public debate.”
Former Cllr Murray commented at length on the decision on Twitter.
They said: “First of all, the decision to hold this hearing achieved nothing but contributed to the continued decline in my mental health.
“It is only the second time in history the SCS has had a hearing for someone after an investigation by the Ethical Standards Commission (ESC) has found that there has been no breach."
And they added: “I cannot understand how the extreme cost to the public purse of all of this can be justified.
“How is this in the public interest in any way, shape, or form?”
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