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“How will "offensive" councillor speech be defined?”

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Summary

Durham County Council convened on 22 October 2025, addressing key issues such as an amendment to the member code of conduct regarding freedom of expression, the adoption of the Middridge neighbourhood plan, and the County Durham Youth Justice Service's plan for 2025-26. Councillors also discussed the council plan for 2025-2030, and the appointment of a charter trustee. The meeting also included public questions on topics ranging from net zero pledges to the Tees Valley Energy Recovery Facility.

Freedom of Expression Code Amendment

Councillors voted to amend the Member Code of Conduct to include specific reference to members' rights to freedom of expression. The amendment adds a new paragraph 6 to the code:

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.

Councillor Darren Grimes, Deputy Leader and Portfolio Holder for Finance, moved the amendment, declaring an interest as he had been the subject of numerous complaints, costing taxpayers £11,000. He argued for the need to allow councillors to articulate the views of their residents robustly and stated that the standards process had been weaponised.

Councillor Chris Lines, from the Segefield Division, warned against the amendment, stating that it was unnecessary and contradicted other parts of the code, specifically 0.5J, which states that members should always treat people with respect. He said:

Cloked in a disguise that we can all see through, this amendment represents the start of a race to the bottom of the Ninth Circle of Political Hell. It will unleash exactly the kind of discourse that chips away at civility in public life, which leads to more and more violent rhetoric, which in turn enables and even encourages real violence and results in tragedies such as those that we have seen all too frequently in this country in abroad.

Councillor Rob Crute for the Black All and Hezzling Division, expressed concerns that there was nothing in the document to define free speech against hate speech and comments intended to mislead.

Councillor Mark Wilkes stated that the changes would increase complaints and risk breaches of human rights legislation.

Councillor Peter Molloy asked for clarification on how the amendment would impact situations where a councillor was acting as a private person, not in their capacity as a councillor.

Councillor Paul Sexton supported Councillor Molloy's view, stating that the system had been weaponized with vexatious complaints long before Reform councillors were present.

Councillor Amanda Hopgood said that the only thing that would actually change the number of complaints was the people being complained about changing their behaviour.

Councillor Catherine Rooney stated that members had been threatened, abused and ridiculed, and had suffered significant distress.

Councillor Murphie Laiens seconded the motion, stating that it would bring clarity, transparency and consistency.

The vote was carried with 63 councillors in favour, 20 against, and one abstention.

Council Plan 2025-2030 Approved

The council approved the new Council Plan 2025-2030, which outlines the administration's strategic direction and priorities. The plan is organised around five ambitions: reforming the council, supercharging the economy, building better communities, caring for the people, and a practical environmental stewardship.

Steve Evans, Head of Corporate Affairs, stated that the plan was informed by a comprehensive consultation and engagement with members, officers, the public, and partners between 22 July and 18 August, during which the council received over 3,600 responses.

Councillor Neil Craggs asked what processes would be followed to ensure that speedy ill-advised decisions actually have thorough debate so that new policy can be the best it possibly can be with multiple contributions.

Adoption of Middridge Neighbourhood Plan

The council noted the adoption of the Middridge Neighbourhood Plan, which now forms part of the statutory development plan. The plan introduces a protected rural setting for the village, designates seven important local green spaces, and identifies two valued community assets: Middridge Village Hall and the Bay Horse Public House.

Youth Justice Plan 2025-2026

The council received the Youth Justice Plan 2025-2026, which outlines the service's priorities, achievements, and challenges. The plan focuses on reducing first-time entrants to the youth justice system, reducing the use of custody, embedding a child-first approach, and promoting safety, health, and well-being.

Appointment of Charter Trustee

The council approved the appointment of Councillor Howard Brown as the Charter Trustee for the City of Durham in respect of the Easington and Schotten Division, following the resignation of the previous Councillor John Bailey. The appointment was based on the number of votes received at the May election.

Audit Committee Report

The council noted the Report of the Audit Committee for the Period September 2024 to August 2025, which demonstrated that the committee continues to perform effectively and plays an important role in promoting strong governance and accountability across the authority.

Councillor Craig Martin stated that one of the most powerful things about Durham County Council's Audit Committee is it's always been led by a cross-party chair and vice chair, and that it is deeply worrying that this report marks the end of that practice by the Reformed Party.

Public Questions

The council addressed four questions from the public.

Ms Mulder asked how the council reconciles its decision to scrap net zero pledge with the reality of an escalating climate crisis. Councillor Kyle Genner, the cabinet portfolio holder for neighbourhood environment and police relations, responded that the decision was pro-human, and that the council did not want unnecessary and unfair harm to residents by chasing unattainable goals.

Ms Fotheringham asked why the council doesn't take advantage of the oversupply of incinerators by signing short-term contracts to allow a period of evaluation and to formulate long-term sustainable waste clean. Councillor Kyle Genner responded that the Government analysis of incinerator capacity assumes that the T's valley facility will be built and operated, and that removing this project would reduce the capacity by 450,000 tonnes per year.

Mr McCardle asked if the council will carry out a financial risk assessment for the building and 25-year lifetime operations of the Planned Teas Valley Energy Recovery Facility, TVERF, and publish its findings before it signs any TVERF contract. Councillor Kyle Genner responded that a great deal more work and financial modelling has been very diligently done since, and that this new reform administration has gone to great lengths to ensure the Durham and the wider body of Councils that make up the group get the best possible value for money should a commitment be made to the T's Valley Energy Recovery Facility.

Mr Walker asked if the Leader of the Council would agree that the transparency and accountability of this Council would be improved if residents could use the screens in the chamber to support their arguments with short video clips and or photographs. The Leader of the Council responded that the resources at this moment aren't available in terms of the time to pre-vet potential clips, etc, but that this is something that could and will consider when we move to our new river green location.

Motions on Notice

Due to time constraints, two motions on notice from Councillor Jonathan Elmer and Councillor Chris Foote-Wood were deferred to the next full council meeting. Councillor Michael Stead withdrew his motion regarding the Environment Agency's permit application for a hazardous waste incinerator and waste transfer stations at Heighington Lane in Aycliffe Business Park.

Questions from Members

Councillor Amanda Hopgood asked the Deputy Leader and Cabinet Member for Resources to confirm the amount of revenue savings that this Council has identified since July 25. Councillor Darren Grimes responded that the quarter one out-turn report to Cabinet in September did actually show a forecast of £8 million underspend this year, and that £21.3 million of lower priority capital schemes had been challenged.

Councillor Lesley Mavin asked if the Cabinet Portfolio Holder for Children and Young People's Services can confirm that we will no longer see social media posts, comments and literature to the contrary of the Durham family strategy. Councillor Cathy Hunt responded that all asylum-seeking children will be tread equally and will be safeguarded as any other child.

Attendees

Profile image for CouncillorLiz Brown
Councillor Liz Brown  Liberal Democrat
Profile image for CouncillorDavid Freeman
Councillor David Freeman  Liberal Democrat
Profile image for CouncillorDominic Haney
Councillor Dominic Haney  Liberal Democrat
Profile image for CouncillorEllie Hopgood
Councillor Ellie Hopgood  Liberal Democrat
Profile image for CouncillorCraig Martin
Councillor Craig Martin  Liberal Democrat
Profile image for CouncillorEric Mavin
Councillor Eric Mavin  Liberal Democrat
Profile image for CouncillorLesley Mavin
Councillor Lesley Mavin  Liberal Democrat
Profile image for CouncillorAlex Neil
Councillor Alex Neil  Liberal Democrat
Profile image for CouncillorMichael Stead
Councillor Michael Stead  Liberal Democrat
Profile image for CouncillorMark Wilkes
Councillor Mark Wilkes  Liberal Democrat

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet Wednesday 22-Oct-2025 10.00 County Council.pdf

Reports Pack

Public reports pack Wednesday 22-Oct-2025 10.00 County Council.pdf

Additional Documents

Public Questions - 22 October 2025.pdf
Cabinet Report to Council - 22 October 2025.pdf
Council Plan 2025-2030.pdf
Appendix 3 Council Plan 25-30.pdf
Amendments to Member Code of Conduct.pdf
Appointment of a Charter Trustee.pdf
Appendix 2 - Proposed Amends to Code of Conduct for Members.pdf
Report of the Audit Committee for the Period September 2024 to August 2025.pdf
Youth Justice Annual Report Youth Justice Plan 2025-26.pdf
Adoption of Middridge Neighbourhood Plan.pdf
Youth Justice Plan 2025-2026.pdf
Statement of Returning Officer - Easington and Shotton by-election.pdf
Council Minutes - 16 July 2025.pdf