Cork TD says he 'wasn't speaking as councillor' when he made comments about Travellers on radio

CORK TD Ken O'Flynn has told SIPO that he was not speaking within the capacity of his role as a local councillor when he made comments about the Traveller community on Red FM radio.
O'Flynn also argued that comments were 'legitimate commentary' and within his rights to freedom of expression.
O'Flynn appeared before the Standards in Public Office Commission (SIPO) in a preliminary application hearing today in order to request that the investigation into his comments not go ahead.
The Commission is investigating whether O'Flynn, who was an elected local councillor at the time, broke the rules of the councillor's Code of Conduct, or the Local Government Act, during an interview with Neil Prendeville about a report into the living conditions for Traveller children at a halting site in Ballyvolane, Cork City, in 2021, and in his subsequent posts on social media.
His legal representative, Brian Leahy BL, argued that at the time that the Independent Ireland TD made the comments he was not doing so in the capacity of his role as a local councillor, though he was speaking as a 'local politician'.
This was contested by the SIPO legal representative, Conor Feeney BL, who said that the code of conduct the complaint relates to specifies that actions which are 'inconsistent' with the proper functions of a councillor's role within a local authority should be considered too.
Feeney further pointed out that the City Council has a statutory role in relation to the Spring Lane halting site, and so therefore it could be considered that there is a 'sufficient connection' between the subject matter of the interview and the role of a councillor.
Leahy argued that though O'Flynn was speaking in his capacity was a local politician, he was not fulfilling any function of his role within the local authority.
Leahy further said that the transcript of the interview before the Commission was incorrect. It shows that O'Flynn said: 'What are they now, an ethnic minority', where in actuality he said, 'What are they now, lauded as an ethnic minority'.
Advertisement
'Which could be better or worse depending on your view,' Leahy said.
He said that Mr O'Flynn made the comments in an interview segment that dealt with the fallout from the Ombudsman for Children's Office 'No End in Site' report, which criticised Cork City Council's actions in relation to the conditions children were living in in the Spring Lane halting site in 2021, specifically damp accommodation, pest infestation, and illegal dumping.
Leahy put forth that O'Flynn was chiefly taking issue with the way the report was conducted, as was his right to do.
He said that Mr O'Flynn was 'stating the facts' when he said that there is an accommodation issue within the Traveller community, that Travellers are an ethnic minority group, and that it was not his intention to offend anyone.
O'Flynn clarified that after the complaint came through, he unliked a number of comments about Travellers on Facebook that were mentioned in the complaint.
He said that at least four people – who are personally connected to him – have access to his social media accounts, so he could not be sure that it was him that liked all of the comments that were objected to.
The Commission will now consider the primary application made by O'Flynn to dismiss the complaint, and that will determine whether the full investigation, or any investigation will go ahead.
The Broadcasting Authority of Ireland (BAI) previously criticised O'Flynn's comments on the radio, saying that his contribution lacked balance and had the effect of stigmatising residents of the halting site.
However, an earlier complaint to Cork City Council's ethics registrar was dismissed.
O'Flynn was one of only three councillors to vote against an €18 million Traveller accommodation upgrade for the Spring Lane site in 2024.
Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article.
Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
Learn More
Support The Journal

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

Irish Examiner

an hour ago

• Irish Examiner

UN questions Irish family courts over 'concept of parental alienation'

Ireland has been asked to respond to the UN on why "the concept of parental alienation" is being considered by the family law courts. Parental alienation is typically used to describe a situation where one parent wrongfully influences a child or children to turn against the other parent, usually in situations of relationship breakdown. The issue was raised on Friday afternoon by Dafna Hacker Dror of the UN's committee on the elimination of discrimination against women and girls. Ms Hacker Dror told the Irish delegation attending a hearing in Geneva: 'It seems that formal bodies are using the concept of parental alienation as if not contested, while it is highly contested on many levels including due to the risk that use of this concept holds for women and children who suffer from domestic violence.' Ms Hacker Dror asked why the concept was being used and added: 'What is done to prevent its potential harm to victims of domestic violence?" Minister for migration Colm Brophy led the Irish government's delegation and agreed to respond to that and some other questions in writing. It comes after minister for justice Jim O'Callaghan said last month that recommendations arising from a consultation process on parental alienation are currently being progressed. He said the process had resulted in a public consensus that 'the means to address parental alienation lie in improvements to the Irish family courts and family justice system'. He acknowledged that parental alienation is a highly contested and divisive concept. The consultation process on the issue was launched in 2022 by then-Justice Minister Helen McEntee. The aim of the consultation process was to seek the views of stakeholders and individuals around the issue of parental alienation. A report on parental alienation in other jurisdictions was also reviewed by the department as part of a process examining whether policy or legislative changes are required in Ireland. Meanwhile, concern was also raised during the hearing in Geneva that although Travellers make up just 0.7% of the Irish population, 15% of the male prison population and 22% of the female prison population in Ireland are Travellers. Department of Justice representative Lisa Doherty acknowledged that the 'disproportionate representation' of Travellers in the prison system is a 'cause for concern and is a reflection of the challenges facing Travellers in our society.'

The Journal

2 days ago

• The Journal

Ireland faces top EU court over delay in removing terrorist and bomb-making content online

IRELAND IS BEING taken to the European Union's top court for failing to follow key rules on removing terrorist and bomb-making content from the internet. The European Commission announced today that it has referred Ireland, along with Bulgaria and Portugal, to the Court of Justice of the EU, as the government has not fully implemented the Terrorist Content Online (TCO) Regulation. The regulation requires countries to make sure terrorist content is taken down from websites and social media platforms (within one hour of being told to do so). The rules, which came into effect in June 2022, are meant to stop extremist groups from spreading propaganda, recruiting people, or encouraging attacks online. Under the regulation, terrorist content includes any material that promotes or glorifies terrorist acts, encourages others to join or support terrorist groups, gives instructions for making or using weapons or explosives, or threatens to carry out an attack. The regulation also covers content related to explosives precursors — substances and materials that can be used to make bombs and other explosive devices. TCO regulation is designed to ensure that this type of content is removed swiftly to limit its spread and potential harm. Advertisement According to the Commission, Ireland has not met several basic requirements under the regulation. These include appointing and notifying a competent authority to issue and enforce removal orders, setting up a public contact point to handle questions and complaints about those orders, and putting in place a system of penalties for companies that fail to comply. Delayed Irish response While the Commission said that the Irish government has made some progress, it added it came too late and still falls short of full compliance. It wasn't until September 2024 – over two years after the rules came into force – that Coimisiún na Meán was appointed to handle penalties on service providers for breaches of the TCO Regulation. At the same time, the government confirmed that An Garda Síochána would act as the authority responsible for issuing takedown orders for terrorist content. The Commission has criticised the delays, arguing that these steps should have been in place much earlier to ensure effective enforcement. It had already warned Ireland in January 2023 through a formal notice, followed by a legal opinion in February 2024. With those concerns still unresolved, the Commission has now referred the case to the Court of Justice. If the court finds that Ireland has failed to meet its legal obligations, it could face financial penalties. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal

Irish Independent

2 days ago

• Irish Independent

Ireland referred to EU court over failure to comply with online terrorism content law

The Terrorist Content Online (TCO) Regulation requires extremist material to be taken down by an EU Member state within one hour of receiving a removal order from a law enforcement agency. It was introduced in 2022 to counter the spread of extremist ideology online in order to prevent attacks and radicalisation. The European Commission today said it considers that Ireland, along with Bulgaria and Portugal, have failed to comply with one or more obligations under the TCO Regulation. 'This includes the requirement to designate the authority or authorities responsible for enforcing the Regulation and ensuring compliance, and to notify the Commission of those authorities; to establish a public contact point to handle requests for clarification and feedback in relation to removal orders; and to lay down the rules and measures on penalties in case of non-compliance of hosting service providers with their legal obligations,' it said in a statement. The EU Commission sent letters of formal notice to the three countries in January 2023 for failure to comply with the obligations, and sent 'reasoned opinions' early last year, outlining the alleged breaches and requesting that measures are taken to address these within a specified time. 'The Commission is now referring these Member States to the Court of Justice of the European Union, as it considers that they have not yet addressed all the concerns raised in the letter of formal notice and reasoned opinion and have still not complied with one or more obligations under the Regulation,' it added. The EU's infringement procedures state that most cases are settled before being referred to the court but, if Ireland fails to communicate measures that implement the provisions of a directive in time, the commission may ask the court to impose penalties. Last September the then Minister for Justice, Helen McEntee, designated Coimisiún na Meán as the competent Irish authority under the TCO Regulation to impose penalties on hosting service providers who do not comply with their obligations. Coimisiún na Meán were given the power to impose administrative fines on hosting service providers up to 4pc of global turnover, for infringements of the TCO Regulation. An Garda Síochána is the authority competent in Ireland for issuing removal orders. ADVERTISEMENT The EU Commission says that the TCO Regulation has been instrumental in countering the spread of terrorist online content, enabling the swift removal of the most heinous and dangerous material. 'Terrorist and violent extremists use online platforms to spread terrorist and harmful content, gather funds and recruit. Vulnerable users, particularly minors, are being radicalised online at an alarming rate,' it said. The regulation notes that the services of hosting service providers 'are in certain cases abused by third parties for the purpose of carrying out illegal activities online. Of particular concern is the misuse of those services by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit followers, and to facilitate and direct terrorist activity.'