A COUNCILLOR has lodged a formal complaint against the leader of Thurrock Council who called for an Independent member to apologise after a conduct panel found he had - 'whether it was 'his intention or not' - promoted 'negative stereotypes and amounting to behaviour that is racially discriminatory. 

Homesteads independent Cllr Gary Byrne was further found to have, by repeating an earlier online post, 'created a stereotypical narrative that people of lighter skin will get more support.'

Earlier this year the council's standards and audit panel upheld complaints against Cllr Byrne after he used a Stanford-le-Hope group's Facebook page to suggest a candidate had used Photoshop to lighten their skin to gain votes in the run up to last year's local elections.

Cllr Byrne was asked by the panel to apologise and to commit to undergo training. He did both within 24 hours of the hearing in February and can produce written evidence to prove it.

However, speaking at Wednesday's (20 March) full council meeting, Cllr Andrew Jefferies, leader of the council cast doubt on whether Cllr Bryne had complied with the findings. (The full text of Cllr Jefferies' speech is below).

Pledging that his group 'would not tolerate racism', he said: "This particular complaint was upheld and the standards and audit panel was clear that the councillor was racist. The standards and audit panel asked the member to complete a training course and apologise. It saddens me that neither appear to have been done although it was reported in Thurrock Nub News that both had been done.

"It also saddens me that the subsequent comments on social media about this racism has continued with this member liking posts that reaffirms this racism.

"I'd like to ask councillor Byrne to reflect on his actions since the standards and audit committee met and after reflecting offer a public apology for any hurt that's been caused and to agree with me that racism in all its ugly forms should not be tolerated in this chamber, on social media and in the community at large."

Recently Thurrock Conservative group has made a point of publicising its links and support for the growing Thurrock Islamic community. Cllr jefferies and other councillors were recenly the only political guests at the opening of Stanford's new mosque, a guest list managed by Conservative councillor and deputy mayor Cllr Qaisar Abbas.

Cllr Neil Speight, who is an Independent councillor for Stanford-le-Hope West and spokesman for four other members of the Non-Political Alliance of Independent Councillors (NPAIC) - and is also the editor of Thurrock Nub News - called Cllr Jefferies' comments 'appalling'.

Speaking on behalf of Cllr Byrne and making a point of order alleging Cllr Jefferies was breaching the council's constitution, he said: "What we actually witnessed this evening was a personal and subjective attack on a member of this council. It was an opinion.

"I felt it was entirely inappropriate that the leader expressed not just his personal opinion but a political statement on behalf of his group regarding racism. I would like to make a formal complaint. I will ask the legal team to look at it."

Speaking after the meeting Cllr Byrne said: "I apologised in writing within 24 hours of the panel hearing, which was acknowledged by the monitoring officer. At the hearing I agreed to undertake all the training specified, again confirmed in writing.

"The council's democratic services team has to arrange the training and has not done yet, nor offered dates but I will attend it and partake as soon as it is arranged.

"Cllr Jefferies' comments were nothing short of slanderous. They did not reflect the findings and decisions of the panel hearing.

"Cllr Jefferies and some of his colleagues are attempting to play games and weaponise racism.

"It is appalling and an affront to all the people in Thurrock who are working so hard for community unity."

Cllr Speight had himself earlier apologised for criticising council officers and calling them "pen pushers". 

He said: "I realised I'd overstepped the mark by using the phrase pen pushers. It is a derogatory remark that could be perceived by someone involved in drawing up the budget that it was aimed at them and that is unfair."

The full text of Cllr Jefferies' address as leader of the council:

"On a very disapopointing note Thurrock has generated bad news yet again. Members are aware that a complaint was made to standards and audit about the conduct of a councillor and potential racisim.

"I am sure that the leaders of all three groups on the council will not tolerate any racism in their groups.

"As leader of the Conservative party I pledge that any candidate or councillor found to have been racist will no longer be a member of this group.l

"This particular complaint was upheld and the standards and audit panel was clear that the councillor was racist.

"The standards and audit panel asked that the member complete a training course and apologise.

"It saddens me that neither appears to have been done, although it is reported in Thurrock Nub News that both have been done.

"It also saddens me that the subsequent comments on social media about this racism has continued, with this member liking posts that reaffirms his racism.

"I would like to ask Cllr Byrne to reflect on his actions since the standards and audit committee met.

"And after reflecting, offer a public apology for any hurt that has been caused and to agree, with me, that racism in all its ugly forms should not be tolerated in this chamber, on social media and in the community at large."

Below is the decision of the members' advisory panel

i)                  Cllr. Byrne is in breach of paragraph 4, 7.1, 7.2.3, and 7.5 of the Council's Member's Code of Conduct (4 breaches) as identified in the Investigating Officers Report.

ii)                The Panel asks for a private apology, in writing to both Complainant A &B  with a copy to the Monitoring Officer.

iii)               Cllr. Byrne attends training on Equalities and Diversity, and Social Media.

iv)               This decision be forwarded to the Standards and Audit Committee.

The four breaches are as follows:

Disrepute

It was considered whether Cllr Byrne's actions had brought the office of councillor into disrepute. A councillor is held to a higher standard of behaviour. The investigating Officer concluded that "the post by councillor Byrne falls into the category of abusive behaviour and could be reasonably regarded as adversely affecting the public's confidence in them being able to fulfil their role, as the post was, even by councillor Byrne's own admission, poorly judged, and posted without thought to any offence it might cause to anyone including members of the public." 

Respect

The Investigating Officer considered where behaviour may amount to disrespectful behaviour in the Local Government context and where it may amount to a breach of the Code. She concluded that the post on Facebook amounted to demeaning the prospective candidate, a member of the public, and was generally disrespectful. The large membership of the Facebook page was taken into consideration, and the fact that such a post would be disrespectful to, amongst others, those who share the prospective candidate's ethnicity.

Also considered was the high level of protection given to councillors by Article 10 of the European Convention on Human Rights to comments that are genuinely made during political debate and in communication. Protection under Article 10 extends to the expression of views that may shock, disturb, or offend the deeply held beliefs of others. However, Article 10 is not an absolute but a qualified right which means that the rights of the individual must be balanced against the interests of society. In this case it was not considered that the councillor's rights to freedom of expression outweighed the need to protect others from such comments.

Equalities and Discrimination

The Equality Act 2010 imposes positive duties on the Council to promote equality and to eliminate unlawful discrimination and harassment. A councillor must be careful not to do anything which hinders the Council's fulfilment of its positive duties under the Act. A councillor must also promote equalities and not discriminate unlawfully against any person. 

The Investigating Officer found that regardless of whether it was Cllr Byrne's intention or not, the inference that a person would have to lighten their skin to get votes, is offensive to an individual's characteristics, promotes negative stereotypes and amounts to behaviour that is racially discriminatory. The comment creates a stereotypical narrative that people of lighter skin will get more support.