Matthew O’Toole ‘breached code of conduct by disclosing Lyons complaint’

The SDLP’s Stormont leader Matthew O’Toole breached the MLA’s code of conduct when he issued a press release revealing he had made a complaint against a DUP minister, a watchdog report has found.

Former independent Assembly Commissioner for Standards Melissa McCullough said Mr O’Toole should have known that making public comment “concerning an active and confidential complaint submitted to this office was inappropriate”.

No further action will be taken against the MLA after he made a written apology to Stormont’s Committee on Standards and Privileges.

The complaint against Mr O’Toole was made after he issued a press release in June 2025 disclosing that he had submitted a formal complaint to the commissioner against Communities Minister Gordon Lyons.

Mr O’Toole’s complaint had related to comments made in a social media post by Mr Lyons during rioting in Northern Ireland.

The commissioner’s report concluded that Mr O’Toole had breached Rule 12 of the code of conduct which states “You shall disclose confidential or protectively marked information only when you are authorised to do so.”

In his correspondence with the commissioner, the SDLP MLA pointed out that his press release was issued before a formal investigation had been launched by her office into Mr Lyons.

But, in her report, Ms McCullough said: “It is my view that Mr O’Toole knew, or ought reasonably to have known, that issuing a public press release concerning an active and confidential complaint submitted to this Office was inappropriate and in breach of Rule 12 of the MLA Code of Conduct.”

She added: “Confidentiality is of paramount importance to the work of the Office of the Commissioner for Standards.

“In my view, it is essential that breaches of confidentiality are treated with the seriousness they deserve in order to safeguard the integrity of the complaints process and to prevent the risk of misuse or harm that may arise from such breaches.”

Mr O’Toole said: “The current MLA code and the interpretation applied means that an MLA disclosing even the fact of a complaint is also technically a breach of the code.

“Though I have serious concerns about this provision and the perverse incentives it creates, I have accepted the findings of the Standards Commissioner and apologised for this breach, satisfying the Committee’s requirements.

“It is important that even when we disagree with the rules of their application, we treat the system with respect.”

He added: “I am however pleased the previous commissioner herself – who conducted her enquiries in good faith – agrees that this case raises ‘important and legitimate questions’ about the drafting of the rules.

“For example, an MLA who confirmed publicly they had referred themselves to the Commissioner would fall foul of this rule too, demonstrating its perverse consequences.

“This rule is bizarre, and clearly needs to be revisited.”

The chairperson of Stormont’s Committee on Standards and Privileges, Cathy Mason, said allegations of breaches of the code of conduct are taken very seriously.

She added: “While the member was found to have breached the code, he has acknowledged the importance of the overall reputation of the standards process and has apologised to the Committee.

“I am therefore pleased that, following receipt of a written apology from the Member, the Committee has reported to the Assembly that the matter has now been resolved.”

The former commissioner delivered her report into the complaint against Mr Lyons last month and said he had breached the ministerial code of conduct.

That report found that a Facebook post from the minister had the potential of “heightening tensions and exacerbating an already contentious situation” during rioting.

However, the findings of that report have not been accepted by Mr Lyons or the DUP.