Jacob Williams
Friday, 24th August, 2012

Free speech clarity

Free speech clarity

It would seem that the effects of a recent court case are already being felt, as it has given the position of free speech among politicians some clarity.

The author of that other website, Cllr. Mike Stoddart, has been informed that a complaint made against him to the Ombudsman by Cllr. Johnny Allen-Mirehouse has been dismissed.

It’s somewhat of a U-turn, because the Ombudsman previously hinted in correspondence to the council’s monitoring officer that Cllr. Stoddart may well have breached the code for failure to show respect for fellow councillors.

“…they lay themselves open to close scrutiny of their words and deeds and are expected to possess a thicker skin and greater tolerance than ordinary members of the public…”
— Mr. Justice Beatson

Whilst the High Court ruling in the case of Calver v Adjudication Panel for Wales has particular relevance as far as Pembrokeshire is concerned, there’s no doubt it’ll go down as a landmark case in British legal history.

Anybody who believes in the importance of free speech will have read the ruling knowing that such a clarification was long overdue.

The judge, Sir Jack Beatson, states that there is: “…the need for politicians to have thicker skins than others.”

Whilst I’m quite sure the point the judge is making refers to instances of one councillor slagging off another I’m pretty sure the sentiment would also apply just as well to an instance (theoretically speaking, of course) of a blogging councillor reacting bitterly to the emergence of a competing blogging councillor.

Cllr. Stoddart has had three brushes with the Ombudsman within recent years (two of which were from complaints made by Cllr. Allen-Mirehouse) and on two of those occasions he put his regular website postings on hold whilst the Ombudsman carried out his investigations.

Back in May 2010, Cllr. Ray Hughes of Manorbier Community Council complained that Cllr. Stoddart had breached Manorbier Community Council’s code of conduct.

Cllr. Stoddart argued that there was no way he could be held accountable to that council’s code of conduct as he was not one of its members.

After a three-month investigation the Ombudsman agreed, dismissed the complaint, and Old Grumpy resumed his blog.

But after only a week back in the saddle Old Grumpy put his weekly updates on hold again after a new complaint was lodged by Cllr. Allen-Mirehouse, who disliked some of the website’s comments about the county council’s ruling Independent Political Group, of which he is a stalwart founder member.

The Ombudsman’s subsequent investigation was very lengthy, and in February of this year concluded that Cllr. Stoddart’s comments had not breached the code of conduct.

Cllr. Stoddart came back off hiatus, and after only one new post Cllr. Allen-Mirehouse lodged yet another complaint – this time that he wasn’t showing enough respect to his fellow councillors.

Grumpy opted not to cease his weekly publications during the course of this investigation, and it was the decision on this complaint that put the smile back on his face this week.

These three complaints pre-date the Calver v Adjudication Panel for Wales High Court case, but Mr. Justice Beatson’s ruling sends many clear messages, one of which is that tedious, reactionary complaints of this nature will almost never have enough merit to trump that of free speech.

I digress.

Whilst the excitement of the Ombudsman’s letter landing on his doormat has clearly given Grumpy a long-awaited confidence boost, which nobody (apart from Cllr. Allen-Mirehouse) can begrudge; I do fear it may have gone to his head. For in this week’s post he also highlights the fact that my website hasn’t been updated recently.

By way of comparison the learnèd councillor reels off an ancient legend of Greek mythology. He also says he was sent an email by a reader of his website who wonders whether jacobwilliams.com is a “flash in the pan.”

I know. It surprised me too. That people still read his website. There was me thinking it was an abandoned ship rattling with overflowing ashtrays and depleted merlot bottles.

Speaking of empty vessels, that Tessa Hodgson is said to have been delighted with a small mention she had on Old Grumpy’s website last week, even though it wasn’t a particularly flattering reference.

As any shameless publicity seeker worth their basic allowance knows, there’s no such thing as bad publicity. Having also featured in a very newsy photograph on the pages of both the Western Telegraph and the Pembroke & Pembroke Dock Observer, there remains just one frontier within the local media Cllr. Hodgson has yet to accomplish, and which I’m reliably informed she hankers over.

She must think I’m stupid if she reckons she can bag a mention on my website!


2 Comments...

  • John Hudson

    At the last Council meeting, a councillor (IPG) commented that another councillor’s (unaffiliated) formal question was stupid. Quite why this comment was made is unclear.

    The question sought clarification about the costs of “goodie bags” provided by us to all councillors following the election on top of the £500 annual allowance paid by us for IT and office costs.

    If this question hadn’t been asked in public we would not know about our gift. One councillor also commented that all councillors had the right to ask any questions of the Council.

  • Andrew Lye

    I think maybe Cllr Allen-Mirehouse complains too much.

    Instead of trying to shut up those who use our democratic freedoms to educate the rest of us, maybe he should do the same. Instead, he chooses to run to “mummy” to complain.

    As President Harry S Truman said, “if you can’t stand the heat, get out of the kitchen”.

    (Jacob…I assumed you had taken a holiday or a short break. I wasn’t worried that you hadn’t posted for a while. Quality is better than quantity!)

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