TD Murphy takes Leo ‘leak’ row to High Court

IRELAND’S political ethics watchdog ‘fundamentally misunderstood’ the statutory framework in which it operates and did not follow proper procedures, the High Court has heard.

The High Court is hearing a case brought by People Before Profit TD Paul Murphy against the Standards In Public Office Commission (Sipo).

Mr Murphy is seeking the quashing of a decision taken by Sipo not to investigate allegations that Taoiseach Leo Varadkar leaked a confidential GP contract to a friend in 2019. Mr Varadkar was told in November 2022 that the ethics watchdog had decided not to investigate him.

At the time, Sipo said it had ‘no role’ in examining Mr Varadkar and 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’.

Barrister Feichín McDonagh told the court yesterday that Sipo’s reasons for its decision not to investigate Mr Varadkar were not ‘legally adequate’.

He claimed that Sipo ‘fundamentally misunderstood’ the statutory framework in which it operates, saying it did not follow its proper procedures, and that the reasons set out by the body were ‘threadbare’.

The court was also told that Sipo did not appoint an officer to carry out a preliminary inquiry into the complaint, something that the legislation provides for.

Mr Murphy is seeking several reliefs, including an order quashing the decision by Sipo not to carry out an investigation under Section 23 of the Ethics in Public Office Act 1995. He also seeks a declaration that Sipo’s decision was determined in a manner that breached Mr Murphy’s right to fair procedures and natural and constitutional justice. He further seeks an order remitting the matter back to Sipo for reconsideration.