The High Court has ruled that a decision by the Standards in Public Office Commission (SIPO) not to investigate the leaking of a GP contract by former taoiseach Leo Varadkar was “inadequately reasoned”.
It follows a challenge brought by People Before Profit TD Paul Murphy.
The court found the deputy is entitled to an order quashing the decision.
Mr Murphy complained to SIPO in November 2020 that Mr Varadkar had provided a confidential copy of a proposed GP contract agreement, reached between the Department of Health, the HSE and the Irish Medical Organisation, to a friend, Dr Maitiu Ó Tuathail, who was president of the rival National Association of General Practitioners (NAGP).
Lawyers for Mr Murphy argued that SIPO had not given adequate reasons for refusing to hold an inquiry into the matter.
In its judgment, the High Court found that the decision of SIPO not to investigate the leaking of the GP contract was “inadequately reasoned”.
The court said the “approach adopted by the Commission [SIPO] appears to rest on a broad proposition that the Commission’s statutory remit does not extend to a consideration of complaints that require the investigation of acts taken by the Taoiseach which are stated to have been done in furtherance of the executive functions”.
It added that “it may be that there was a concern about the entitlement of the Commission to gather evidence that may be found in the confidential discussions of the cabinet.
However the court found that “this was not stated by the Commission. Ultimately it is not for this court to fill in the blanks”.
Mr Murphy also challenged a decision by SIPO not to appoint an officer to conduct a preliminary inquiry.
In its conclusions, however, the court found that decision was lawful and “the applicant was incorrect in asserting either that this aspect of the Commission’s decision was erroneous or inadequately reasoned”.
The court found that Mr Murphy may be entitled to costs. The matter will be considered at a later date.
However, it added that “the parties are invited to seek to reach agreement on those final matters in advance of that listing”.
