TUV’s Timothy Gaston excluded from Assembly for two days after code breach

TUV MLA Timothy Gaston has been excluded from the Stormont Assembly for two days after he was found to have breached the Assembly Members Code of Conduct during stormy exchanges at a committee.

A complaint was made against the North Antrim representative following a meeting of the Executive Office committee on October 23 2024.

There were tense scenes between Mr Gaston and committee chairwoman Paula Bradshaw around an allegation Ms Bradshaw met First Minister Michelle O’Neill before she appeared at the committee to give evidence.

Ms O’Neill had been under fire following criticism of Sinn Fein over its handling of a number of controversies, including that of former press officer Michael McMonagle, who was convicted of attempting to incite a child to engage in sexual activity.

As exchanges at the committee became more heated, Mr Gaston said to Ms Bradshaw: “Take a step back. You’re OK, you’re OK. Breathe.”

He said he apologised at the time, acknowledging his comments were “ill-judged”, and added he believed that had been the end of the matter.

Mr Gaston made a complaint against Ms Bradshaw, but the standards commissioner found it was “inadmissible”.

Meanwhile, the Police Service of Northern Ireland has confirmed that it received correspondence concerning an allegation of misconduct in public office in October 2024.

On Monday, the PSNI said inquiries remain ongoing.

After debate in the Stormont chamber on Monday evening, 77 MLAs voted, with 46 voting for and 31 against the motion to suspend, and Mr Gaston will not be permitted to sit for plenary sessions in the Assembly on Tuesday February 3 or Monday February 9.

DUP MLA Jonathan Buckley said his party would be voting against as the sanction represented a “curtailment of political free speech”, while new UUP leader Jon Burrows said they would oppose because the move is “disproportionate, it is punitive and it is unnecessary”.

Alliance deputy leader Eoin Tennyson told MLAs: “If we are genuinely committed to a political culture where women are fully represented, reflected and supported, then behaviour that undermines this aim cannot be excused, dismissed or allowed to pass without scrutiny.”

SDLP MLA Mark Durkan said voting in favour of sanctioning Mr Gaston showed that the Assembly “expects professionalism, respect and accountability”.

Former independent Assembly commissioner for standards Dr Melissa McCullough, who investigated the complaint, concluded that Mr Gaston had breached rule 15 of the code.

She found he had engaged in behaviour that constituted an “unreasonable and excessive personal attack” on Ms Bradshaw.

The commissioner also found that Mr Gaston had breached rule 13, when his conduct at the meeting amounted to “improper interference with the performance of the Assembly’s functions”.

She also found that he breached rule 10 when he failed to comply with the Assembly’s “policy, guidance or instructions” by displaying unprofessional behaviour and discourtesy contrary to its behaviour code.

The Committee on Standards and Privileges upheld the complaint and recommended that Mr Gaston be sanctioned by being excluded from Assembly proceedings for two sitting days.

Committee chairwoman Cathy Mason MLA said its members were “firmly of the view that Mr Gaston’s behaviour was inconsistent with the standards required”.

“It is vitally important that members respect the authority of committee chairpersons and uphold the rules and protocols which ensure the proper functioning of Assembly committees,” she added.

TUV leader Jim Allister claimed the Assembly had “stooped to a new low”, adding it was “absurd beyond words”.

Speaking to media at Parliament Buildings on Monday, he also indicated that potential legal action has not been ruled out.

Mr Allister claimed there is a “virtual political witch hunt” against Mr Gaston.

“It frankly demeans this Assembly by arriving at the conclusion that if someone says something which might have been ill-judged but certainly was not unreasonable, and certainly was not a personal attack, that that person and their constituents should be robbed of their services for two sitting days of the Assembly,” he said.

“This Assembly has always struggled with scrutiny, it has always struggled with being challenged… Timothy Gaston is here to be that voice of challenge, he has been most effective, and the more effective he has been, the greater the determination to try and silence him.”

Mr Allister added: “In circumstances where there is apparently an ongoing police inquiry into these matters, it is wholly disproportionate and inappropriate for this Assembly to today proceed to sanction anyone unless or until those proceedings are complete.”

DUP leader Gavin Robinson said he believed the findings of the commissioner were “irrational”.

Mr Robinson said that having free speech and democracy would “sometimes lead to robust exchanges”.

He said the idea that asking someone to breathe would “lead to the political suffocation of an elected representative for two days” was “intolerable”.

“It cannot stand, it should not stand, and Democratic Unionists today will not support the motion before the Assembly,” Mr Robinson said.

“I engaged in political discourse, and at times robust exchanges with many, and I think the public out there would be more interested in elected representatives in this place delivering for them.”

A UUP spokesperson said: “In light of recent information revealing an ongoing PSNI inquiry related to this matter, it is essential that the sanction process be paused until the inquiry concludes fully.

“This upholds due process and ensures all facts are considered.

“Proceeding prematurely would render the sanction disproportionate and potentially unjust, and we urge the Speaker to suspend proceedings pending the inquiry’s determination.

“This situation raises profound questions about the integrity of the Assembly’s entire standards process and highlights the pressing need for comprehensive reform.”

An Alliance Party spokesperson said: “Only one MLA has been found in breach of the Code of Conduct in this case, and that is Timothy Gaston.

“Statements from the TUV this morning are nothing more than misleading conjecture and distraction.

“Such commentary only further undermines standards in the Assembly.

“Unlike others, we respect due process and the embargo that is in place.

“However, once the report is published, we would encourage people to read it in full.

“It will then become clear Paula Bradshaw has no case to answer but rather has been subject to bullying, unfounded allegations and disruptive behaviour.

“No amount of gaslighting or spin from the TUV will change that fact.”