11.
On 22 February 2006, the appellant made a further statement. In it, he repeated his views
of the Mail Group. He said:“What was the motive of the Mail Group in whipping up this media fire
storm? If insulted why did the Daily Mail Group journalist or the editor of the
Evening Standard not get in touch and say they thought I had gone too far? If
the Daily Mail Group journalist had expressed regret for his behaviour on the
street I would have been happy to withdraw my comments and assure him I
bore him no hard feelings.”
Later in the statement, he said:“Over the last two weeks my main concern has been that many Jewish
Londoners have been disturbed by this whipped up row. I do not equate the
actions of one reporter with the total abdication of responsibility shown by
those who were complicit to whatever degree in the horrors of the holocaust.
But I do believe that abdicating responsibility for one’s actions by the excuse
that ‘I am only doing my job’ is the thin end of the immoral wedge that at its
other extreme leads to the crimes and horrors of Auschwitz, Rwanda and
Bosnia.
I have been deeply affected by the concern of Jewish people in particular that
my comments downplayed the horror and magnitude of the holocaust. I wish
to say to those Londoners that my words were not intended to cause such
offence and that my view remains that the holocaust against the Jews is the
greatest racial crime of the 20th century.”
12.
The Assembly resolution recognised the role played by the appellant in opposing racism
and anti-Semitism. It could not sensibly be suggested that he is or ever has been antiSemitic. He has not approved of some of the activities of the State of Israel and has made
his views about that clear. But that has nothing to do with anti-Semitism. However, the
Board of Deputies in a letter of 26 April 2005 to the ESO expressed concern at the effect
on holocaust survivors in particular of his remarks and referred to ‘a spate of anti-Semitic
incidents that followed the events of 8 February and the objections raised to Mr
Livingstone’s comments’ including abusive e-mails. Sadly, those irrational and
unpleasant characters who indulge in anti-Semitic activities will use any or no excuse to
display their views.
13.
Before considering how the Tribunal dealt with the complaint, I should set out the
statutory procedure. The Respondent came into existence under Part III of the 2000 Act,
which was conceived to regulate the conduct of local government members and
employees. The model Code of Conduct which has been established pursuant to the Act
is based on a 1986 report of a Committee chaired by David Widdicombe, Q.C. (Cmnd
9797) and a 1997 report by the Committee on Standards in Public Life chaired by Lord
Nolan (Cm.3702-1). The Code came into existence following an extensive consultation
exercise. It followed Regulations which set out the general principles to govern the
conduct of members which were made under s.49(1) of the 2000 Act, which enabled the
Secretary of State ‘by order [to] specify the principles which are to govern the conduct of
members and co-opted members of relevant authorities in England …’ S.50(1) went on
to enable him ‘by order [to] issue a model code as regards the conduct which is expected
of members and co-opted members of relevant authorities in England …’ S.50(4)
provides:-