Ethics watchdog declines to probe Ken O'Flynn after complaints over Traveller-related remarks
In a decision published on Thursday, the Standards in Public Office Commission (Sipo) said it should not proceed to an investigation over the interview on Red FM in June 2021, when the Independent Ireland TD was a councillor.
The Red FM broadcast related to the Spring Lane halting site in Ballyvolane.
It was alleged that he had stated: 'What are they now? An ethnic minority?' in reference to Travellers.
It was further alleged that he had published or authorised the publication of statements demonstrating a biased view of Travellers on his Facebook page.
An initial hearing in May was held by Sipo seeking to determine if the comments and posts contravene the Local Government Act 2001, and various sections of the Code of Conduct for Councillors, and therefore warranted a full investigation.
In relation to the 'ethnic minority' statement, Mr O'Flynn's legal submissions put forward that he had said: 'Cork City Council is doing its level best to accommodate people, to accommodate what has now been declared an ethnic minority'.
'Legitimate commentary'
Sipo said that, having listened to the excerpt on several occasions, the 'audio is not sufficiently clear to make a finding' on this matter.
Another one of Mr O'Flynn's legal submissions was that he was not carrying out his functions as a member of Cork City Council when giving the radio interview.
He also said what he engaged in was 'legitimate commentary' and the allegations involved 'cherry picking' of his social posts that weren't a fair reflection of his attitude to members of the Travelling community.
Furthermore, through his legal representatives, he expressed regret for any offence or hurt that may have been caused by his actions.
However, Sipo said it was 'disappointed' that none of the Facebook posts to which the page was subject to were 'unliked/taken down' despite having been told by Mr O'Flynn they had been.
'Public officials should be in a position to provide the commission with accurate information regarding the matters before it,' it said.
'Nonetheless, the commission notes that [Mr O'Flynn's] letter undertook to 'unlike' or remove the relevant posts at the direction of the commission, if necessary.'
Sipo also said it was clear he was invited onto Red FM in his capacity as a city councillor.
It said: 'As set out above, the commission is not satisfied that the comments regarding the ethnic minority status of the Traveller community are sufficiently clear to enable it to make a finding as to the correctness of the alleged statement.
'Accordingly, the commission is of the view that no investigation should be carried out by the commission in respect of the respondent's engagement during the Red FM interview.
'The commission also notes [Mr O'Flynn's] (belated) expression of remorse with regard to the hurt that may have been caused by his conduct on social media.
"In those circumstances, the commission is not satisfied that the respondent's Facebook posts continue to be a matter of significant public importance such as to justify an investigation by the commission into this matter alone.'
'Insufficient evidence'
In a statement, Mr O'Flynn welcomed the Sipo decision and said he would not be 'silenced, intimidated, or diverted from [his] duty to represent [his] constituents'.
'The commission has concluded that there was insufficient evidence to support the most serious claims, and that the remaining matters did not warrant any further action,' he said.
'I have not yet met with my legal team to consider the next steps, and I am reviewing all options available to me in respect of those who made and promoted these allegations.'
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