MHK escapes censure for accusing Tynwald member of being 'malevolent by action'

It was an ignominious end to the current parliament.

The final sitting of Tynwald before the general election concluded with a lengthy debate on the conduct of members and the language they use towards each other outside the chamber.

In the end, amid scenes close to farce, Tynwald voted not to censure an MHK over her social media posts and letter to the Examiner which included scathing criticism of a parliamentary colleague.

Glenfaba and Peel MHK Kate Lord-Brennan had accused Ramsey MHK of being ‘antagonistic by nature, malevolent by action’ in relation to his delegated planning appeal decisions.

She referred to ‘his wicked hand’, ‘deviant decisions’ and the ‘weaponsing’ of planning applications.

Her posts related to Manx Telecom being given the go-ahead to install poles for broadband connection in Peel, after Mr Hooper allowed its appeal.

He had rejected a planning inspector’s recommendation that the planning committee’s original refusal be upheld.

Mr Hooper complained, describing the language used by Ms Lord-Brennan as ‘abhorrent’ and said it contained unfounded allegations and attacks on his character.

DEFA Minister Clare Barber, who had delegated Mr Hooper to determine the appeals, also complained about the Glenfaba and Peel MHK’s social media post and her letter to the Examiner, published on May 26 under the headline ‘Pole planning outrage’.

Tynwald’s standards and privileges committee concluded that Ms Lord-Brennan had clearly breached the members’ code of conduct and should be censured by Tynwald.

It said: ‘To call another member ‘malevolent’ or ‘wicked’ is to cast a reflection on that member’s character. To accuse another member of weaponising planning applications, or of hijacking and abusing authority, is an imputation of improper motives.’

The committee said the gravity of the breach merited censure but would not result in any suspension or requirement to withdraw words or apologise for them.

Committee vice-chair Ann Corlett said this was the only decision it could reach, based on the evidence. She stressed the importance of treating everyone with respect and dignity.

The committee had dismissed Ms Lord-Brennan’s counter-claim against Mr Hooper, saying it was submitted out of time.

Ms Lord-Brennan, who had been told she could face further investigation for publishing a copy of the draft report, insisted that the finding against her should not stand, and the motion of censure rejected.

She pointed out that she had not accused Mr Hooper of being malevolent or wicked, only his actions. Her strong words had been used to defend her constituents, she insisted.

She argued that a new provision of the Tynwald members’ code requiring them not to use social media to bully or harass others was being interpreted so widely that it would prevent politicians from publicly challenging matters of public importance.

Ms Lord-Brennan said: ‘I am not asking this court to decide that members of Tynwald are above standards. We are not.

‘I am not even asking for special treatment, or claiming that political office gives any of us the right to bully or harass another person. It does not.

‘I am asking the court to consider something much more important - whether a new rule, introduced with one purpose, has now been interpreted so widely that legitimate political expression can become selective grounds for investigation and censure.’

Onchan MHK Rob Callister, who has gone through three standards committee investigations himself, criticised the timing of the report so close to the end of this parliament.

‘Some people in here need to look at their own conduct towards members,’ he remarked.

Treasury Minister Chris Thomas moved an amendment for Tynwald merely to receive the report and not approve the recommendation to censure.

Paul Craine MLC questioned whether Ms Lord-Brennan’s words, while perhaps inappropriate, went so far as being ‘abhorrent’ as claimed. The phrase ‘wicked hand’ was a metaphor, he pointed out. ‘Words are difficult things,’ he said.

Douglas East MHK Joney Faragher urged members to treat each other with a ‘little more kindness and generosity of spirit’.

‘What a sad way to finish this administration,’ said Infrastructure Minister Tim Crookall, who announced after the sitting that he would not be seeking re-election in September.

‘I’m almost ashamed to be here,’ said Douglas North MHK John Wannenburgh.

Tynwald voted to receive the report by 17 votes to two in the House of Key and 8-0 in the Legislative Council.

Douglas Central MHK Mr Thomas’ amendment then failed to carry due to a division between the houses, with the Keys voting 11 votes to eight in support but LegCo voting three to five against.

Mr Thomas called for a combined vote, but then withdrew it when it became clear this would mean the censure part of the motion could not be voted on until after the general election.

With the vote then able to proceed, Tynwald voted against censuring Ms Lord-Brennan by 12 votes to seven in the Keys and six votes to two in LegCo.

MT has informed residents on Belleview Park, Carnane Close and Cronk Reayrt that it does not now intend to pursue its plans to install broadband polls.