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THE PUBLIC ETHICS watchdog has decided against a full investigation into comments Independent Ireland TD Ken O’Flynn made during a 2021 radio interview in relation to a Traveller halting site.
It has also decided against an investigation into posts and “liked” comments on his Facebook page.
The interview, which aired on Cork’s RedFM four years ago, focused on the Spring Lane halting site in Ballyvolane.
A complaint was later lodged about O’Flynn’s comments during the interview and about his social media use.
SIPO is charged with carrying out investigations into public officials but O’Flynn contended that he was not speaking in his role as a local councillor when he made the comments on Red FM.
SIPO received two complaints in relation to the interview which alleged the remarks exhibited a “consistent preconceived negative attitude towards” Travellers.
The complainants also pointed to O’Flynn’s “use of social media” in support of their complaint.
It was alleged that O’Flynn’s comments in the interview in relation to the Ballyvolane halting site were “inaccurate, misleading and indicative of a biased view of the Traveller community”.
O’Flynn was commenting on a report into the living conditions for Traveller children at the halting site and is alleged to have stated “What are they now? An ethnic minority” in reference to the Traveller Community.
However, SIPO said the audio provided could not confirm whether O’Flynn had made these comments.
Regarding his social media use, O’Flynn is alleged to have “published and/or authorised the publication of statements demonstrating a biased view of members of the Traveller Community”.
It is further alleged 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 made in reply to his statements”.
It was also alleged that he “expressly endorsed some such comments by using the ‘like’ feature available on Facebook”.
Meanwhile, SIPO said O’Flynn failed to “engage with the Commission’s initial correspondence” and that this was “most unhelpful and contributed to significant delay in the Commission’s process”.
SIPO said O’Flynn was “initially unresponsive to correspondence” and only responded when the correspondence was hand-delivered to him.
“But even then no comment was made in respect of the substance of the allegations against him,” said SIPO.
SIPO said this failure to engage “incurred significant and avoidable costs”.
O’Flynn said there was a “discrepancy” between the transcript and the audio recording of the Red FM interview.
It was alleged in a transcript of the Red FM interview that O’Flynn said “what are they now? An ethnic minority”.
However, in a legal submission he contended that he said: “Cork City Council is doing its level best to accommodate people, to accommodate, what have now been declared an ethnic minority.”
SIPO said it spent “significant time considering this one specific excerpt” and that once it had been “professionally transcribed”, this was the reading of the excerpt: “Cork City Council is doing its level best to accommodate people, to accommodate what has been lauded as an ethnic minority.”
SIPO concluded that the audio was “not sufficiently clear in relation to the excerpt to make a finding” as to whether the wording contained in the allegation was correct.
Meanwhile, O’Flynn also contended that he was not acting in his role as a councillor at the time, and that his comments were “legitimate commentary” and therefore covered by freedom of expression.
SIPO said it was “not persuaded” that O’Flynn was not acting as a member of Cork City Council when he spoke on Red FM or in relation to his Facebook page.
It noted that O’Flynn was invited onto Red FM to discuss issues relevant to Council business and that he was introduced as and referred to as a councillor.
O’Flynn also discussed calls he has received from constituents and SIPO rejected claims that he wasn’t speaking in his role as a councillor.
As for whether his comments were a “legitimate exercise of the right to freedom of expression”, SIPO said it is “satisfied that the existence of the right to freedom of expression does not prevent it from investigating” statements made by public officials.
It added that while there is a responsibility on public officials to engage in a “responsible manner”, particularly in relation to protected groups such as the Traveller community, a “broad margin of appreciation that must be afforded to politicians to discuss issues of local or national concern”.
“The Respondent’s Red FM interview must be viewed through this prism,” said SIPO.
SIPO said the comments complained of in the Red FM interview were a “small proportion of the entire interview” and that it was not satisfied the comments were sufficiently clear to make a finding, and therefore no investigation should be carried out regarding the interview.
Regarding his social media use, O’Flynn said the allegations involved “cherry picking” and were not a “fair reflection of his attitude to members of the Traveller community”.
He also contended that his Facebook posts were “legitimate commentary” and were covered by a “constitutional right to freedom of expression”.
SIPO said it was not satisfied that free speech considerations would prevent it from investigating this social media use.
O’Flynn meanwhile noted that he does not have sole access to the Facebook page but accepted that he retains responsibility for it.
O’Flynn also committed to “unliking” or removing any Facebook posts at the direction of SIPO.
SIPO said an investigation is only justified where the matter is of “significant public importance” and that the Facebook posts are not such a matter.
SIPO said the decision to not investigate the Facebook posts was in part due to O’Flynn’s commitment to remove posts and “likes” if instructed to do so and that this decision does not prevent a fresh complaint being made.
In a statement to The Journal, O’Flynn welcomed the decision and noted that SIPO found there was “insufficient evidence to support the most serious claims, and that the remaining matters did not warrant any further action”.
He thanked his legal team for their “unwavering commitment” and he also thanked his family and added that it has been a “prolonged and challenging time” for them.
“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,” added O’Flynn.
He said he was “elected to speak truthfully, to confront difficult issues directly, and, when necessary, to stand alone”.
“That is precisely what I will continue to do, without fear, without compromise, and without apology,” he added.
He said that “public office requires resolve” and that he will not be “silenced, intimidated, or diverted from my duty to represent my constituents with clarity, principle, and an unshakeable commitment to the truth”.
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