Timothy Gaston MLA cleared by Standards Commissioner in transgender policy complaint

North Antrim TUV MLA Timothy Gaston

(Image: Jonathan Porter/Press Eye)

TUV MLA Timothy Gaston has been cleared by the Northern Ireland Assembly’s Commissioner for Standards following a complaint regarding his questioning of transgender policy during a committee session last October.

The decision reaffirms the right of MLAs to scrutinise public policy, particularly on sensitive issues related to safeguarding and biological sex.

The complaint was submitted by Dr Paschal McKeown of Age NI after Mr Gaston posed a question to her colleague, Dr Kelly Turtle, during an Assembly committee hearing. Mr Gaston asked whether it would be considered transphobic if an elderly care home resident requested to be assisted by someone of the same biological sex.

“This is a legitimate and relevant concern, especially in the context of public policy and safeguarding,” Mr Gaston stated.

The Commissioner for Standards concluded that Mr Gaston’s questioning fell within the bounds of his political duties and did not breach any conduct rules.

In a detailed ruling, the Commissioner found:

• The questions were consistent with the TUV’s manifesto, which outlines the party’s position on transgender issues (Paragraph 42).

• Restricting MLAs from asking such questions would represent “an obvious interference with political expression” (Paragraph 45).

• There was no improper interference with Assembly business (Paragraph 29).

• It was reasonable for Mr Gaston to have referred to Dr Turtle’s publicly available social media posts (Paragraph 40).

Quoting directly from the Commissioner’s report, Mr Gaston highlighted the importance of democratic scrutiny:

“It is Mr Gaston’s role, as a member of that committee, to ask questions of witnesses that appear before it.” (Paragraph 29)

He described the ruling as “a welcome affirmation of the essential role that MLAs play in scrutinising public policy—particularly on sensitive and contested matters.”

Mr Gaston also criticised the conduct of Paula Bradshaw MLA, Chair of the Committee, citing remarks from her interview with the Commissioner that were included in the published report. According to Mr Gaston, the transcript raises “troubling suggestions,” including claims that:

• Witnesses “weren’t there for scrutiny” (page 43),

• Mr Gaston had acted in a “sectarian manner”without substantiation (page 43),

• Preparing weekly questions went “against the convention of committees” (page 45),

• Mr Gaston engaged in “persistent foul play” by appearing in media such as The Nolan Show and The News Letter (page 46).

Referencing these claims, Mr Gaston stated:

“Scrutiny is not only permitted in the Assembly — it is essential. Attempting to silence MLAs for raising legitimate concerns undermines the integrity of our democracy. All who value freedom of speech and proper scrutiny should welcome this report.”

He further affirmed his commitment to voicing concerns on contentious public matters, stating:

“I will continue to represent the people who elected me with honesty, conviction, and a determination to speak plainly on issues that matter — including transgender madness.”

Mr Gaston concluded by referencing a recent Supreme Court decision affirming the right of care home residents to request single-sex intimate care.

“I welcome the fact that since the meeting took place in October the Supreme Court has ruled that single sex spaces should be respected and that elderly people in care homes have a legal right to demand that they receive intimate care from those of the same biological sex. I trust that all charities — including Age NI — have taken note of this and will not have difficulty answering such simple questions going forward.”

The full report by the Assembly’s Commissioner for Standards can be accessed here: Read the report.