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BreakingNews.ie
19-05-2025
- Politics
- BreakingNews.ie
Cork TD seeks to stop inquiry into his alleged offensive comments about Travellers
Independent Ireland TD Ken O'Flynn has called on the public ethics watchdog to halt its inquiry into alleged offensive comments he made about Travellers while a member of Cork City Council four years ago. Lawyers for the Cork North Central TD raised a series of objections to the planned inquiry at a sitting of the Standards in Public Office Commission (Sipo) on Monday. Advertisement The TD is accused of making comments about the Spring Lane halting site in Ballyvolane, Cork, during an interview on Cork's Red FM on June 16th, 2021, that are alleged to be inaccurate, misleading and indicative of a biased view of members of the Traveller community. It is also claimed Mr O'Flynn demonstrated bias against Travellers in social media posts on his Facebook account. Mr O'Flynn denies three separate allegations that he contravened the Local Government Act 2001, the Code of Conduct for councillors and a specified act under the Standards in Public Office Act 2001 and insists his remarks represent 'fair comment'. During the radio interview, Mr O'Flynn stated a 72-page report into Spring Lane by the Ombudsman for Children entitled No End in Site was 3-4 pages in length, did not mention the parents of children concerned and did not involve Tusla. Advertisement He also allegedly remarked about the Traveller community: 'What are they now – an ethnic minority?' Counsel for Sipo, Conor Feeney BL, said it was alleged that Mr O'Flynn – as a member of a local authority – had failed to maintain the proper standard of integrity, conduct and concern for the public interest, contrary to Section 168 of the Local Government Act 2001. The inquiry heard that the alleged comments also represented several breaches of the Code of Conduct for councillors as well as amounting to a specified act under the Standards in Public Office Act. The Cork politician is also accused of showing bias towards members of the Traveller community in posts on his Facebook account. Advertisement Sipo's counsel said it is alleged that Mr O'Flynn also failed to monitor or remove inflammatory and derogatory comments made about Travellers in response to his posts. He is further accused of expressly endorsing some of those comments by using the 'like' feature in reply to posts on Facebook. Mr Feeney said Mr O'Flynn's acts and omissions amounted to several breaches of the Code of Conduct for councillors including the unacceptable use or misuse of social media by promoting discrimination. The Sipo Commission heard that Mr O'Flynn was challenging its right to proceed with an inquiry on a number of grounds including that he was not carrying out his functions as a councillor when the alleged acts took place and that his remarks constituted legitimate commentary. Advertisement Counsel for the TD, Brian Leahy BL, said there had been 'cherry-picking' of posts by Mr O'Flynn which were selective from half a million interactions on his Facebook account and not a fair reflection of his attitude to the Traveller community. Mr Leahy claimed the Facebook posts pre-dated a newer version of the Code of Conduct for councillors which contained a specific provision in relation to the use of social media. The barrister accepted that the alleged comments about the Traveller community sounded 'dismissive' but noted that there was a discrepancy between the transcript of the Red FM interview and the actual audio recording. Mr Leahy said Mr O'Flynn was saying that Cork City Council was doing everything it could 'for what now have been declared an ethnic minority.' Advertisement He argued his client was making a statement of fact as the Traveller community had been so recognised since 2017 and the council was obliged to 'go that extra step' in relation to housing for them. Mr Leahy said there was a particular bias against Mr O'Flynn because of a perception that he had a particular view on Travellers. He claimed the radio interview was essentially about housing which Mr O'Flynn accepted was a serious problem for everyone but particularly the Traveller community. However, the barrister said Mr O'Flynn was not performing his duties as a councillor in giving the interview. Mr Leahy said the Commission would have to be very balanced in favour of a person who expressed an opinion if it was seeking to interfere with 'someone's right of real expression in the political sphere.' He noted that Mr O'Flynn admitted he had issues with the Spring Lane halting site but said anyone in Cork would agree there were problems with it as around 100 people were living in terrible conditions in a halting site with space for eight families. 'Mr O'Flynn has brought this to the attention of the community and he has advocated for proper treatment of the Travelling community. That may have come across as criticism but it's talking about the problem,' said Mr Leahy. He added: 'We can't brush it under the counter….we have to be open and have adult conversations.' Mr Leahy said he did not envy the task faced by the Commission in determining when a political point of view strayed from being a legitimate expression of concern into 'unlawful speak.' He stressed that it was very important that politicians can say what they need to say. 'If we stop them communicating and saying what they need to say, we end up with Brexit and Trump,' Mr Leahy observed. He acknowledged that the TD had 'stepped on people's toes' with his comments but argued that both Mr O'Flynn and Cork City Council had a problem with the report by the Ombudsman for Children. Arguing that the complaint against Mr O'Flynn did not warrant a SIPO inquiry, Mr Leahy said the TD 'spoke from the heart' about what he thought was an attack on the council. Counsel said Mr O'Flynn simply wanted 'to bring up issues' and he noted that people had also been insulting to the politician after he had come out as a gay man The inquiry heard the TD did not want to offend anyone 'but if he has, he didn't mean it.' Mr Leahy also indicated that the TD would be making an application at a later stage for his legal costs if they were successful in stopping the inquiry as Mr O'Flynn was 'out of pocket' from his dealings with SIPO. Ireland 'Boxer' Moran takes aim at Independent Ireland ove... Read More In reply to questions from the Commission chairperson, Garrett Sheehan, Mr Leahy said it was very difficult to determine where a function of a councillor ended as well as finding a balance between free speech and offensive speech that needed to be restrained. However, Mr Leahy said he did not believe Mr O'Flynn's comments had reached that threshold. He also confirmed that the TD had not actively removed any of his Facebook posts apart from one incorrect statement, while he had 'unliked' a few messages that had been the subject of complaints. It is understood the SIPO Commission will give its ruling on the application to halt the inquiry in the near future.
Irish Examiner
19-05-2025
- Politics
- Irish Examiner
Ethics watchdog opens hearing into Cork TD Ken O'Flynn's comments in 2021 radio interview
The public ethics watchdog has opened a hearing into radio interview comments and social media posts relating to the Traveller community made by Cork North Central Independent Ireland TD Ken O'Flynn when he was a city councillor. The Standards in Public Office Commission (Sipo) heard an outline of the allegations against him on Monday morning, and heard a preliminary application from Mr O'Flynn's legal team, as it seeks 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 warrants a full investigation. The Sipo investigation was triggered following a complaint about comments Mr O'Flynn made on Cork's RedFM in 2021 in relation to the Spring Lane halting site at Ballyvolane. A complaint about the comments to the council's ethics registrar was dismissed, and following a complaint to the Broadcasting Authority of Ireland, it said the interview lacked balance and had the effect of stigmatising residents of the halting site. Another complaint was made to Sipo and at Monday's preliminary hearing, Sipo's legal representative, Conor Feeney BL, outlined the three key allegations against Mr O'Flynn to the six-person commission, chaired by Garrett Sheehan. The first relates to comments Mr O'Flynn made during the RedFM interview on June 16, 2021, in relation to a report by the Children's Ombudsman into the appalling conditions facing children at the Spring Lane halting site, including the comment: 'What are they now? An ethnic minority?' Mr Feeney said it was alleged Mr O'Flynn contravened the Local Government Act 2001 and in so doing failed to maintain proper standards of integrity, conduct and concern for the public interest. It is alleged he did not keep faith with the public trust, did not observe the highest ethical standards in the performance of his role as a councillor, did not act in a way that enhances public trust and confidence, did not act in a way that serves the local authority and its people conscientiously, honestly and impartially. It is further alleged he did not act in a way that promotes equality and avoids bias, did not seek to ensure his conduct did not bring the integrity of his office or of local government into distribute, and did not act in a matter that maintains proper standards of integrity, integrity and concern for the public interest, all of which are in breach of various sections of the Code of Conduct for Councillors. Mr Feeney said the second allegation relates to Mr O'Flynn's conduct on a Facebook social media account in his name. It is alleged he published and/or authorised the publication of statements demonstrating a biased view of members of the Traveller community, and that he failed to monitor and/or remove comments exhibiting bias towards the Traveller community and other minority groups, including those of an inflammatory and derogatory nature which were made in reply to his statements. It is alleged he expressly endorsed those comments by using the 'like' feature on Facebook. Mr Feeney alleged this was a breach of Section 168 of the Local Government Act 2001 in that he failed to maintain proper standards of integrity, conduct and concern for the public interest, and that this was also a breach of several sections of the Code of Conduct for Councillors. An additional breach was it contravened a specified section in relation to the unacceptable use or misuse of social media in relation to content that promotes, fosters or perpetuates discrimination on the basis of gender, civil status, family status, sexual orientation, disability age race religious beliefs or membership of the travelling communities. And finally, Mr Feeney said the combination of the first two allegations collectively amounted to specified act within the meaning of Section 4 of the Standards of Public Office Act 2001. Mr O'Flynn's barrister, Brian Leahy BL, instructed by Ronan Deasy Solicitor, gave various grounds for dismissing a Sipo investigation, arguing the radio interview was not part of the statutory duties of a city councillor, and his comments on the Ombudsman report were "fair comment". He said the interview was wide-ranging, but started with the housing issue, a serious problem for everyone in society, but especially the Traveller community. 'We have a problem with housing in the Travelling community, we have a problem with housing in the whole community, we can either ignore that, and not talk about it, or try and come up with a solution,' he said. 'And I say that's what Mr O'Flynn was doing. 'Did he step on people's toes? Absolutely. And isn't right that we step on people's toes. 'Isn't it right that we say 'I disagree with you, and here's why' because if we stop that, what is the use of political debate?" He said Mr O'Flynn has had more than 400,000 Facebook interactions over the years, and some of the posts referred to in this complaint were published before updated guidance for politicians on social media use. He highlighted the right to free expression, urging caution of any investigation into comments in the political sphere. 'If the State, through the commission are going to interfere with someone's right to free expression in the political sphere, it needs to be very much balanced in the favour of the person who has expressed an opinion,' he said. 'In the 1980s, you wouldn't criticise the Catholic Church. Now you can criticise the Catholic Church. And it's important that we do criticise organs of the State. 'But if we are constantly looking over our shoulders and saying 'I can't x, y or z, or believe I can't say', we don't get to talk about what we need to talk about. 'If we stop communicating, we end up with Brexit and Trump.' The commission adjourned to listen to the radio interview, and when chairperson Mr Sheehan returned, he asked where was the cut-off point between freedom of speech and offensive speech of a type that needed to be constrained, if there should be a higher threshold for politicians in relation to that, where does the function of a councillor end, and if the Facebook comments were still online. Mr Leahy said Mr O'Flynn did not believe he had caused offence, but if he had, he did not intend it, and he apologises. He said Mr O'Flynn's husband, two members of staff and a PR company would have had access to his social media accounts, but after the complaint was made, and on reflection, the 'offending' comments were 'unliked'. There was extensive legal argument, with Mr Feeney concluding by telling the commission it now had to consider if the matters were of a sufficient degree of gravity to warrant a full investigation, to consider if certain elements of the complaint were removed, did that render the remainder of the complaint 'frivolous', and if certain allegations were to removed, was there sufficient evidence to sustain a complaint. The commission has now adjourned to determine whether a full investigation into Mr O'Flynn's conduct will follow. The commission has also been told Mr O'Flynn intended to make an application for his costs.
