“The difficulty is that there is now in evidence an email which unequivocally states that the Mayor instructed TfL to pull the advertisement…. The need for examination of the role of the Mayor is all the greater because (i) the 18.04 email shows that the Mayor’s office contacted the Guardian immediately in order to make political capital out of the story; and (ii) arrangements had been made for the Mayor to appear on 13 April (the following day) at hustings organised by Stonewall. This is a most unsatisfactory state of affairs".
Appeal case handed down 27th January 2014, Sir John Dyson [Para 37, 38]
Importantly, the Appeal Court also recognised [Para 80] that Mrs Justice Lang had ruled that, by the same advertising criteria, “the Stonewall advertisement had failed to comply with the Policy”.
Some important gains from this case:
- Mayor to be investigated as to whether he made decision for a political purpose: Judgment paragraphs 47-48
- Ex –gays are recognised as protected from discrimination by the Equality Act 2010: Judgment paragraph 98
- TfL must have a level playing field, take down Stonewall posters and be content neutral: Judgment paragraphs 80-82
- Lord Justice Briggs says that campaigns must be respectful of religious beliefs: Judgment paragraph 105
Consider the evidence
Freedom of Information Request
Text of Letter to Mayor of London below:-
Dear Mayor Johnson
Last year you personally intervened in a proposed Bus Advertising campaign which expressed, in a free country, another view on the debate relating to Same Sex attraction and Same Sex Marriage. Your intervention was just before the Mayoral Elections in London when the Conservative Party was seeking new votes from the Gay and Lesbian Community.
Today, in handing down his Judgment in the matter of The Queen – on the application of Core Issues Trust Ltd (Appellant) and Transport For London (Respondent), the Master of the Rolls, Sir John Dyson directed that your intervention on this matter (at such a politically sensitive time coming up to an election in which you were personally involved) be referred back to the original judge, Mrs Justice Lang for “the purpose of further enquiry as to whether your intervention was made for an improper purpose; in the light of the fresh evidence and such further evidence as may be adduced in the further proceedings before her.”
As you know, we have email evidence of your political intervention, and we now ask you to make publically available all email correspondence in this matter and, to allow computer experts to analyse any relevant emails which may, or may not, have been deleted from your system for whatever reason.
As I am sure you will be aware, the political credibility of politicians is at an all-time low. Your openness, transparency and integrity in helping with pre-court access to these matters will be much appreciated. If such access is not offered, our lawyers will petition Mrs Justice Lang to order such access as part of further enquiry as the Master of the Rolls has so directed.
Dr Mike Davidson, Director, Core Issues Trust