AN INVESTIGATION INTO inaccurate declaration of interest filings by former junior enterprise minister Robert Troy has found the Fianna Fáil TD “acted in good faith” and would not have made errors if he had sought help with the documents.

The Standards In Public Office Commission (SIPO) did find, however, that Troy was in breach of the Standards In Public Office Act 2001 and that his “pattern of omissions or errors” were a “matter of significant public importance”.

Troy resigned from his Minister of State position in 2022 after online news outlet The Ditch reported that he had failed to declare, in full, his property and business interests between 2020 and 2022.

Before resigning from his ministerial position, the TD for Longford-Westmeath corrected the register and the initial hearings process began. 

SIPO’s inquiry has now concluded that the TD, who was re-elected during the general election this month, did not make a purposeful omission.

It added, however, that Troy did “inadvertently” and “negligently” breach his obligations, but it did not amount to an offence. The full investigation has now concluded and the Fianna Fáil TD will not face any penalty.

“In relation to all of the contraventions of section 5, the Commission finds that Deputy Troy did not intentionally seek to conceal, or avoid public disclosure of, his interests,” the final report said.

“Accordingly, the Commission is of the view that Deputy Troy acted in good faith.”

Six properties were not included on Troy’s declaration, five in Co Westmeath and one in Co Dublin, from 2020 to 2022. The TD corrected the record before resigning from his junior ministerial position.

Separately, the Fianna Fáil TD did not declare that he was the director of RMT Management Limited or that he had held public Rental Accommodation Scheme contracts (public housing assistance agreements) at properties in Westmeath.

SIPO determined that Troy’s failure to list four out of the six properties on his declaration, three in Westmeath and one in Dublin, had arisen from “his misunderstanding” of a TD’s obligations, amounting to negligence.

The Commission found that he was not required to declare one of the properties in Westmeath.

It further ruled that his failure to declare himself as the director of RMT Management Limited and his omission of the final property in Westmeath “could have been avoided” if Troy had given “reasonable attention to the task at hand” and amounted to negligence.

Finally, the Commission stated that Troy “inadvertently” did not declare two Rental Accommodation Scheme contracts because he did not know that he had to. The report detailed that the TD approached SIPO when correcting his records to ask if it was necessary to do so.

SIPO has determined that Troy was found to have been in breach of the Standards in Public Office Act 2001 after it concluded the Fianna Fáil TD carried out a “specified act”.

A specified act is defined as an act or an omission that is “inconsistent” with the performance of someone in public office or the “maintenance of confidence” from the public, under the Standards in Public Office Act 2001. It is not a criminal offence. 

The Commission further clarified that, despite it being the view of SIPO that Troy acted in good faith, his “pattern of omissions or errors in this case are a matter of significant public importance” and that it was a duty for it to continue its investigation.

In a statement to The Journal, Troy said that he welcomed the findings that he had acted in “good faith” and “did not intentionally seek to conceal or avoid public disclosure of [his] interests”.

“I have always accepted this was a serious matter and sought to rectify my errors as soon as they became apparent,” he said.

In December last year, Troy claimed that SIPO found there was no prima facie evidence – or at first sight evidence – to support the suggestion that there was a conflict of interest relating to his public statements.

SIPO chose to move forward with a full investigation however, under Section 23 of the Ethics in Public Office Act 1995.

Investigators ruled that had the Fianna Fáil TD sought help or guidance when filling out the correct documentations, he would have not made the error. SIPO concluded that Troy acted in the belief that his declarations were in line with lawful standards.