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Gerald Marshall & EC/09/9/8 EQUALITY COMMISSION FOR NORTHERN IRELAND FINAL REPORT OF COMMISSION INVESTIGATION UNDER PARAGRAPH 10 OF SCHEDULE 9 OF THE NORTHERN IRELAND ACT 1998 PAUL BUTLER & LISBURN CITY COUNCIL October 2009 INTRODUCTION This investigation arises from allegations that Lisburn City Council failed to comply with its approved Equality Scheme as a result of the involvement/participation of its then Lord Mayor, (subsequently referred to as the Mayor) at an eleventh night beacon event in Stoneyford in 2008. The complainant is a Sinn Féin Councillor on Lisburn City Council and it appears that an election poster bearing his image was burnt on the beacon. The complainant alleges that the Mayor’s involvement in this incident has the potential to seriously damage community relations and equality of opportunity in the Lisburn Council area. The complainant instructs that the Mayor attended the 11th night beacon at Stoneyford, organised by the Stoneyford Jubilee Committee, in his role as Mayor of the Council. He states that a Sinn Féin election poster bearing his image was placed on top of the beacon, and the Mayor lit same with the poster being burned. He further instructs that the Mayor has subsequently publicly stated that he was aware that a Sinn Fein election poster was placed on the beacon when he lit same. The Commission has conducted an investigation of whether the events on the night in question, and the Mayor’s involvement in same, were such as to constitute a failure by the Council to comply with its commitment at Section 1.3 of its approved Equality Scheme to fulfill its s75 obligations as set out in the preceding Sections 1.1 and 1.2, to; have due regard to the need to promote equality of opportunity across the 9 s. 75 groups, and 1 EC/09/9/8 have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group. The Council’s position The Council’s position is that the incident in question has no implications for its Equality Scheme because; the Mayor attended the event following a personal invitation from the organisers, and the Council was not supporting the event in any way. Information obtained during the course of this investigation seriously undermines this contention. Firstly the Mayor himself, both in correspondence sent to the Commission prior to the authorisation of this investigation, and when formally interviewed as part of the investigation, has categorically stated that he attended the event in question in his mayorial capacity. He explained that on 27th June 2008 the Council had written to the Stoneyford Memorial Committee offering it 75% of the funding it had originally sought for the event. The correspondence indicated that the Committee should confirm acceptance of this offer by 4 July, and stipulated conditions of offer including a requirement that certain officials, including the Mayor, be invited to the event. The Mayor’s instructions on the status of his attendance at the event The Mayor indicated that he first became involved in the issue on 8th July 2008 when he was contacted by the Chief Inspector PSNI Lisburn Area Commander. The Chief Inspector indicated that a potentially dangerous situation was developing in relation to the 11th night event at Stoneyford, and that he wanted the Mayor’s help in relation to same. He asked the Mayor to attend a meeting he was having that day with a Mr Harbinson, an influential figure on the Stoneyford Jubilee Committee, and the Water Service (the Stoneyford bonfire had traditionally been staged close to Stoneyford reservoir). The Mayor attended the meeting as 2 EC/09/9/8 requested, along with a UUP colleague,. It transpired that the Chief Inspector was worried that the event would involve breaches of a Parades Commission determination that bands were not to march in particular estates in the Stoneyford area. The Chief Inspector indicated the operational steps that would be necessary to ensure the Parades Commission determination was complied with, and to avoid any possible breaches of the peace. He advised however, that a heavy handed approach could be avoided if:- The reservoir site where the bonfire was normally lit was cleared (the Water Service had refused permission to the Stoneyford Jubilee Committee to use this land because of damage and pollution caused previously). An environmentally friendly beacon would be used instead of a bonfire. The Parades Commission determination was followed. It was also suggested that a fireworks display and a band parade would be held, and that a more festival type approach generally be adopted. Mr Harbinson from the Stoneyford Jubilee Committee in turn indicated that the Stoneyford Jubilee Committee could not go ahead with an event of the nature being suggested on the basis of the funding that was being provided by the Lisburn City Council. (The Committee had initially applied for £2450 to run this type of event. Initially the Council refused any funding, but subsequently changed its mind and offered the Committee £1812 towards the event). Mr Harbinson was basically indicating that the planned event (ie the beacon type event) could not be progressed without the outstanding £600 plus shortfall in funding, and as a result the normal bonfire would go ahead instead. The Mayor decided that he should intervene to try to ensure that the beacon event went ahead, rather that the traditional bonfire, with all its potential for trouble. He therefore indicated that he would seek to find the outstanding 25% funding if the Committee went ahead with the planned beacon event, and on the terms put forward by the Chief Inspector (as set out previously). The Mayor intended to try to obtain the outstanding funding from the Community Relations Council, and phone calls took place with the CRC during which both he and the Chief Inspector explained the nature of the event being planned. CRC indicated in principle that 3 EC/09/9/8 it would offer funding, and explained that a written application for funding would have to be completed. The Mayor explained that he had previously campaigned that a beacon be used in the Ballymacash estate rather than the traditional (huge) bonfire, and he had appeared on television describing that bonfire as a disgrace. As a result his own posters, and charactatures of him wearing a Celtic jersey had been burned on that bonfire. He saw the present situation as an opportunity to encourage a more festival and family orientated beacon event in the Stoneyford area ,and one that would be better for the environment, which he could use to continue to encourage this type of approach more generally. The Mayor explained that the offer made by Council was subject to a condition that he as Mayor be invited to the event. The offer was dated 27 June with an acceptance to be returned by the 4th July. The Mayor together with Robert Knight who was at that time acting Director of Leisure Services, and David Mitchell the Council’s Good Relations Officer met with two representatives from the Stoneyford Jubilee Committee in the Mayor’s parlour on the 9th July. The purpose of this meeting was to help those representatives fill in the necessary Community Relations Council form. Robert Knight left the meeting briefly and returned stating that he had received a call from Councillor Edwin Poots indicating that the DUP would not be supporting any funding being given to the Stoneyford Jubilee Committee. Whilst this was not an official decision, the Mayor realised that in all probability the Committee would receive no funding from Council. As a result he contacted the Community Relation Council again to explain that the Committee was now seeking 100% funding from it. Both he, and in a separate telephone conversation the Chief Inspector, spoke with the Community Relations Council. Again funding in principle was agreed, although at Mr Mitchell’s suggestion, the Committee was also required to agree to undertake good relations training, which the Mayor viewed as another success. It was at the latter meeting that the acceptance form and invitation to the Mayor and others was handed in. Mr Harbinson had advised the Mayor that the offer was only received on the evening of the 3rd July, and he had to arrange a meeting with the band to decide if it should be accepted. As a result the acceptance form was submitted on 9th July. The Mayor decided, given his 4 EC/09/9/8 involvement in the matter and his desire to facilitate a beacon event rather than the traditional bonfire, that he would attend the event. He was not aware of any instruction to remove the invitation from his diary because of the Stoneyford Jubilee Committee’s failure to return the acceptance form by the date stated. Information on status of Mayor’s attendance Relevant members of Council staff were questioned about the status in which the Mayor attended the event as part of this investigation. Initially staff indicated that the decision to attend the event was a personal one, and therefore, presumably, the Mayor attended as a private individual. However, this position was not maintained when explored in more detail, and indeed some staff accepted that, whether or not the event was being funded by the Council, the attendance of the Mayor, wearing his ceremonial chain of office, meant that the Mayor was attending the event to represent Lisburn City Council in his capacity as its Mayor. Commission’s findings on status of Mayor’s attendance The Commission does not accept the Council’s central contention that the events on the night in question have no implications for its equality scheme.
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