SIPO decides not to investigate Cork TD over comments regarding Travellers

The Standards in Public Office (SIPO) commission has decided not to carry out an investigation into Cork Independent Ireland TD Ken O’Flynn for comments he made while he was a councillor.

A SIPO report published this week explains that in advance of commencing the investigation, the commission decided to hear a preliminary application by the respondent, which was conducted on May 19, 2025. After that, it made the decision not to proceed with the investigation.

On April 14, 2022, the commission received a complaint from the Traveller Equality and Justice Project in respect of Mr O’Flynn, and on May 6, 2022, it received a second complaint from the Traveller Visibility Group and the Cork Traveller Women’s Network.

The complainants alleged a “consistent pre-conceived negative attitude towards [Travellers]” and that he was “stereotyping…[and] targeting…the Traveller community in Cork” in comments made in a radio interview and on social media.

After a preliminary inquiry, the commission decided that there was sufficient evidence to establish a prima facie case.

It explained that Mr O’Flynn “failed to substantively respond” to the inquiry or engage with initial correspondence, saying: “This was most unhelpful by the respondent and contributed to significant delay in the commission’s process.”

ALLEGATIONS

It explained that the first time the commission was informed of his personal response to the allegations was at the hearing of the preliminary application on May 19, 2025, saying that had he engaged when first contacted in March 2023, the commission may have reached a conclusion at a much earlier stage, but as he did not, “the commission incurred significant and avoidable costs”.

Mr O’Flynn suggested that there was a discrepancy between the transcript and the audio recording of the radio interview, and that he was not carrying out his functions as a member of the local authority when the acts in question were done. 

He also said that his social media posts and radio interview “constitute legitimate commentary” and highlighted his “constitutional right to freedom of expression”, and that some of the social media posts pre-date the updating of the Code of Conduct for Councillors to include social media in 2019.

The commission listened to the radio interview in its entirety, and noted that the comments complained of were a small proportion of the entire interview.

It said that it was not satisfied that one of the comments highlighted by complainants was “sufficiently clear to enable it to make a finding”, and that the other comment that was complained about “must be viewed through the prism of freedom of expression”, deciding not to open a case.

In relation to the social media posts, the report states it had “considered the respondent’s undertaking to remove the relevant posts and ‘likes’ and it makes its decision on the understanding that he will do so”.

The commission also noted “the respondent’s (belated) expression of remorse with regard to the hurt that may have been caused”, saying that in light of this, it did not think the posts justify an investigation.

It added that if Mr O’Flynn wishes to make an application for costs, it will consider it, but will “take into account the respondent’s failure to engage with the preliminary inquiry or with the commission at the early stages of this process, which resulted in unnecessary delays and costs to the commission”.

Mr O’Flynn said he welcomed the decision not to proceed with an investigation, thanking his legal team, political colleagues, and family, “for whom this has been a prolonged and challenging time”.

He explained: 

“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. 

"I 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.

“I will not be silenced, intimidated, or diverted from my duty to represent my constituents with clarity, principle, and an unshakeable commitment to the truth.”