Reform council amends Code of Conduct “to enshrine freedom of expression”

Darren Grimes also said the changes – which invoke Article 10 of the European Convention on Human Rights and Article 10 of the Human Rights Act 1998 – would "unchain" the monitoring officer and the council's legal department so they could "get on with the job of delivering for this council".

The amendment to the council's Code of Conduct was approved at a full council meeting on Wednesday (22 October) by 63 votes to 28, with one abstention.

It introduces the following paragraph to the Code of Conduct: "The right to freedom of expression under Article 10 of the European Convention on Human Rights is the basis of democracy and will be upheld at all times. Members have a democratic duty to represent their constituents and engage in robust political debate. Therefore, in a political context, a degree of immoderate, offensive, shocking or provocative expression, is acceptable."

No other changes have been made to the document.

Speaking during the meeting, Grimes said: "I suppose I'd better start by declaring an interest in this, given that I have been the subject of many of the complaints since May this year".

He said the council had spent more than £11,000 handling the complaints since September, adding: "I want to unchain the monitoring officer and her legal and democratic services to actually be able to get on with the job of delivering for this council.

"I don't want them to be sat going through my social media posts like my biggest fan the world has ever known.

"I want the real business of governing for the people of County Durham to be delivered and actually start to get done in a serious way.

"You can't do that if you're going through reams and reams of complaints that amount to absolutely nothing other than a disagreement with someone based on political belief."

A report on the amendment, authored by Durham's Director of Legal and Democratic Services, Helen Bradley, said: "Elected representatives have rights to freedom of expression under the Article 10 of the European Convention on Human Rights and the Human Rights Act 1998.

"These rights are considered as part of any assessment of Member Code of Conduct complaints, which relate to statements or expressions made by Members in speeches or in writing (including on social media).

"However, there is no specific reference to rights of freedom of expression within the Member Code of Conduct."

The report added: "[Article 10 rights] includes the right for an individual to express their views through public protest and demonstrations, published articles, books or leaflets, television or radio broadcasting, works of art, the internet and social media.

"Notwithstanding these rights, individuals have a duty to behave responsibly and to respect other people's rights."

The report acknowledged that public authorities may restrict an individual's right to freedom of expression if they can show that such restriction is lawful, necessary and proportionate in order to protect national security, territorial integrity (the borders of the state) or public safety, prevent disorder or crime, and protect health or morals.

Speech restrictions can also be implemented to protect the rights and reputations of other people, prevent the disclosure of information received in confidence, and maintain the authority and impartiality of judges, it said.

It also noted that expressions by political representatives are subject to enhanced protections.

It said case law has established that "Article 10 protects not only the substance of what is said, but also the form in which it is conveyed.

"Therefore, in the political context, a degree of the immoderate, offensive, shocking, disturbing, exaggerated, provocative, polemical, colourful, emotive, non-rational and aggressive, that would not be acceptable outside of a political context is tolerated."

The report said it used the phrase "freedom of expression" rather than "speech" because "Article 10 rights extend beyond the spoken word" to include the right to express one's views through public protest and demonstrations, published articles, books or leaflets, television or radio broadcasting, works of art, the internet and social media.

The proposed change was modelled on the London Borough of Bromley's December 2024 decision to modify its own Member Code of Conduct to include "the right to freedom of speech under the law is the basis of democracy and will be upheld at all times and there is no right to be offended by any lawful expression".

The amendment was not voted through without opposition, with some members strongly criticising the changes during Wednesday's meeting.

Independent councillor, Chris Lines, who was among the detractors, said the changes would start a "race to the bottom of the ninth circle of political hell".

Cllr Lines added: "If we resort to purely provocative, performative, invective to make our points and fuel our debates, then we fail as politicians and we fail very publicly."

Adam Carey