SWINDON councillor Owen Lister did make offensive and discriminatory comments about guillotining disabled children, an investigation has decided.

The former GP, who is still on the council as an independent Tory, provoked a storm of protest in September after he was alleged to have said it would be preferable to guillotine severely disabled children.

On Wednesday Swindon Coun-cil's standards committee will meet to decide whether Coun Lister, who at the time was a Conservative, breached the council's code of conduct.

It will have to decide between the findings of the independent investigator it appointed to delve into the affair Bristol solicitor Peter Keith-Lucas and Coun Lister's contention that the statement was taken out of context.

After an extensive investigation into what was said at the council's Children's Act task group on September 8, Mr Keith-Lucas found the comments brought Coun Lister's office of the council into disrepute.

"Coun Lister made two offensive and/or discriminatory comments on September 8," Mr Keith-Lucas' report says.

One of the comments was that "it would be preferable to guillotine looked-after children with severe emotional and behavioural difficulties than to provide expensive out-of-borough placements for them."

The second comment was that it was a waste of money to provide school places to educate severely disabled children.

But it said there was "insufficient evidence" that Coun Lister made any offensive comments "relating to the care and treatment of premature babies or babies with severe health problems who were resuscitated at birth and survived with severe disabilities".

The council's standards committee had the complaint about Coun Lister, pictured above, referred to the Standards Board for England, but it was sent back for an council-organised independent probe.

Under the committee's powers Coun Lister faces anything from a censure to being suspended for up to three months.

But whatever it decides, he says that he is staying on in Abbey Meads, which he has been elected to represent until May 2008.

He said he would present his case that the "guillotine" referred to dividing the mother from the child by sending the child to a care home in Cornwall and not killing youngsters.

But he admits he used the words "they might as well be guillotined".

He has been suspended from the Conservatives, a party he has been a member of for more than 10 years, for five months.

"I won't say it's not upsetting, it is," Coun Lister said.

He said that the complaint had been motivated by an ignorance of the children being discussed, but hoped he could explain his meaning.

Coun Lister said he would give his evidence to the committee in private so the details of disabled cases he had dealt with would not be plastered across the papers.

"I'm hoping for the best," he said.

In a written response to the report, Coun Lister said that he had children's welfare at heart.

"As the saying goes I am sadder but wiser, and will most certainly try to be much more explicit in the future," he said.

"I remain concerned however, by the seeming lack of consideration of the damage to the relationship between a mother and her profoundly disabled child that separation by over 100 miles will effect."

"I was there and I heard him say it"

A COUNCILLOR who was at the meeting says she knew all along Coun Lister was guilty.

Coun Fay Howard (Lab Parks) said: "I'm pleased he was found guilty because I was there and I heard him say it and I thought he was guilty.

"I'm disappointed his comments were made in the first place and I find them very sad."

Coun Lister was thrown out of the Conservative party at the time of the incident. Coun Howard, pictured, said that she was disappointed the Tory group had not turned its back on him.

"Hopefully we can leave this episode behind us because I don't like to think about it and I'd rather focus on the good work we do.

"It wasn't a very nice meeting to be at."

Fellow ward councillor Justin Tomlinson (Con, Abbey Meads) offered words of support for his colleague.

He said: "I was not at the meeting but having worked with Owen since 2000 as a fellow ward councillor I know he is an exceptionally hard working, caring and diligent councillor who is popular with local residents.

"This whole process has been very tough on councillor Lister and I hope it will be resolved quickly."