Decision not to investigate Leo Varadkar ‘inadequately reasoned’ – High Court

A decision made by an ethics watchdog not to investigate an alleged leak of a document by then-taoiseach Leo Varadkar was “inadequately reasoned”, the High Court has ruled.

People Before Profit TD Paul Murphy brought a case before the High Court against the Standards In Public Office Commission (Sipo) seeking to quash the decision.

In November 2022, the ethics watchdog decided not to investigate the alleged leaking of a draft GP contract in 2019.

Sipo said it had decided not to investigate Mr Varadkar’s actions as it did not have the remit to consider “either the lawfulness of the action or the extent of the powers of the office of Taoiseach”.

On Friday, Mr Justice Barry O’Donnell concluded that Sipo’s decision not to carry out an investigation was “inadequately reasoned”.

The court ruled that the decision not to investigate should be quashed and the Commission should now consider the issue again.

Speaking on Friday, Mr Murphy welcomed the decision by the court and thanked his legal team.

Stating that he was “delighted” with the outcome, he said he believed the result would have “broad implications”, including for the role of Sipo in carrying out investigations.

“What happens now is that the ball is firmly back in the court of Sipo,” he said, adding that a decision should happen “rapidly”.

Mr Varadkar admitted that in April 2019 he sent a copy of a doctors’ pay deal between the State and the Irish Medical Organisation to Dr Maitiu O Tuathail.

Dr O Tuathail was head of the rival doctors’ organisation, the National Association of General Practitioners, at the time.

Mr Varadkar apologised for disclosing the document and said his actions were lawful and done in the public interest.