Statement By Jonathan Davies regarding serious breaching of Human Rights by Eden District Councils

Official statement by Mr Jonathan Davies regarding serious breaching of Human Rights by Eden District Councils and actions to defend those rights for all.

For Release

20th June 2022 - 10am

Official statement by Mr Jonathan Davies (This statement is made as in individual and not in any capacity of office held)

Statement regarding clear serious breaching of my Human Rights and the failure to follow Eden District Councils’ own policies and the guidance set by the Local Government Association on the process that have resulted in Eden District Council acting in a way that has resulted in a serious breaching of my Human Rights through the Council actions and failures

On the 16th of June 2022 the monitoring officer of Eden District Council sent via email to me a letter in regards 5 separate code of conduct complaints made by Cllr Knaggs of Penrith Town Council against me with complaints 2,3 and 4 dismissed by an Eden District Council panel and there judgment and penalties issued by the panel on complaints 1 and 5.

The Code of Conduct complaints 1 and 5 made by Cllr Knaggs the deputy Penrith town Mayor and Vice chair fo Penrith town council related to a social media post made by me on Twitter in a personal capacity about a business with no links to my role as a councillor in the post or to any local authority.

Complaint 5 related to a post on my personal Blog regarding a previous complaint made by a county councillor were I had again had my rights breached by Eden council for failure by Eden council to apply the code of conduct assessment in a way that follows policy and guidance set out for such issues.

Article 10 of the Human Rights Act states:

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

The Local Government Association guidance set out clearly for councils that:

“Simply describing yourself as a councillor in a social media posting or at the top of your page or in your username or profile, for example, does not of itself mean that every posting you make is covered by the Code. There must be a link within the individual posting or thread to your role as a councillor or to local authority business.”

In regards complaint 5 Eden council did not even apply the criteria of “Acting as a Councillor” as the judgment panel simply said that my personal Blog posting means I was “Identifiable as a councillor” This is clear breach of Eden District Councils’ and required application of the code of conduct criteria.

Alongside these failures Eden council’s own solicitor has admitted in a letter to me after I lodged a complaint about the council failures to follow its own policy on the process of code of conduct complaints “I do therefore find that the Council’s Initial Assessment Procedure has not been complied with in respect of this timescale”

I firmly believe that Eden council has acted in a way that is not only beyond its powers to act but through its actions they have breached my Human Rights as an individual to the right to of expression to hold and ideas without interference by public authority.

They have also breached my rights in respect Article 14 that “protects your right not to be discriminated against in connection with your human rights under the Human Rights Act. This means your human rights mustn’t be protected differently because of who you are. Article 14 covers discrimination because of the following things:

language

political opinion

national or social origin

property and birth

association with a national minority

other status - this includes things like sexual orientation, age, transgender people, carer status.

The council has also breached Article 6 of the Human Rights Act that is the Right to a fair trial.

“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”

The Eden District Council panel was held in a closed private meeting that I was not allowed to attend or make representation to and has held judgment against me in regards my Civil rights.

In recent weeks I have had other councillors that have approached me about Code of Conduct issues at Eden Council and some with potentially serious consequences through the outcomes and actions of the council.

I believe that if we let small infringements of our Human Rights slip by then this risks the protections and entirety of those rights, we all live by in society.

We only have to look to the events unfolding in the world where rights of individuals are been removed by states. If we allow small infringements of our Human Rights in the UK to slide today, then it sets a dangerous precedent for the future for us all.

I have given Eden Council until 3pm on Wednesday to withdraw the panels position and issue a public statement of the failures in regards this situation.

If Eden District Council fail to do act then a filing for a Judicial review of the breaching of my Human Rights by Eden District Council will be made to the courts in order to defend those rights not just for myself but to defend the rights for everyone.

A copy of the letter sent to Eden District Council CEO, Solicitor, Monitoring Officer all councillors is attached.