SIPO take issue with Council report into ethics breaches

SIPO take issue with Council report into ethics breaches


Anton McNulty

The Chairman of the Standards in Public Office Commission (SIPO) has written to the Minister for Environment, Heritage and Local Government to express his concern in relation to a report issued by Mayo County Council Manager Peter Hynes.
Mr Hynes circulated the report recently following two investigations into the conduct of Council engineer, Mr Kieran Lynn.
In his letter to Minister Phil Hogan, Mr Justice Matthew Smith of SIPO took issue with comments made by Mr Hynes in relation to the SIPO investigation into a complaint made against Mr Lynn by his brother-in-law Roger McGreal.
SIPO found that Mr Lynn used his official position in Mayo County Council for personal gain and they were satisfied that his breaches of the Code of Conduct for employees was ‘committed intentionally’.
Mr Justice Smith took exception with Mr Hynes’ comment that the results of the SIPO investigation were ‘essentially the same’ as the conclusion of the inquiry commissioned by the Council itself, which was conducted by a former Assistant County Manager of Mayo County Council, Alec Fleming.
Mr Justice Smith outlined that the Council investigation found that while Mr Lynn had not acted in accordance with the code of conduct for employees and he did not find any evidence of financial gain for Mr Lynn.
However, Mr Justice Smith said the commission found Mr Lynn used his official position in Mayo County Council, and the resources of the Council, for personal gain in works carried out to improve an access to his lands at Cushalogurt, Westport, County Mayo.
“The report states that the Commission is satisfied that the contravention was committed intentionally and was, in all the circumstances, a serious matter. This finding is not properly reflected in Mr Hynes’ report,” he said.
Mr Justice Smith added that ‘contrary to Mr Hynes’ report, the only independent investigation of this complaint was carried out by the Standards in Public Office Commission’. He also found that the Standards Commission considered the complaints against Mr Lynn ‘neither frivolous or vexatious’.
Mr Justice Smith also noted that while the new Notice of Motion Procedure adopted by the Council ‘may result in some improvements’, he does not think it represents best practice and ‘ought to be reviewed on a national basis by your Department’.
“Such a review should be undertaken with a view to the adoption of procedures which are designed to ensure that scarce public resources are expended by local authorities in the public interest and not in the interests of private individuals, be they employees or members of local authorities or any other persons,” he said.
In a statement to The Mayo News Mr Roger McGreal  described the County Council report as ‘completely disingenuous’ and hopes the letter to the Department ‘removes any ambiguity from the truth of their findings’.
“I think that the report prepared by the County Council Manager appeared to imply that the sole reason for his issuing a directive was to protect employees from vexatious or unfounded allegations.
“It is very clear also that their appointing of a former Assistant County Manager and Castlebar Town Manager in the guise of an independent and external investigator requires explanation at the highest level within the Mayo County Council.
“Comments were made about my personal family relationships using the adjective ‘estranged’.
There is nothing sinister or unusual in these situations and I am sure that many families experience similar difficulties.
The simple truth of the matter is that I was not present nor had I any influence whatsoever in Mr Lynn failing to meet his legal obligations in relation to his declarations,” he said.
In March, Kieran Lynn and his wife Ann were each awarded €38,000 after they successfully sued Roger McGreal for defamation after correspondents written by him claimed Mr Lynn abused his power in the Council.
Mr McGreal said he was appealing this ruling and ‘confident that the outcome of this appeal will speak for itself’.