The opportunity for the Standards in Public Office Commission (Sipo) to contest a vital High Court ruling concerning the Leo Varadkar leak case has now expired. Throughout the process, the public ethics organisation did not indicate whether it intended to contest the decision. As an entity committed to maintaining transparency and accountability in public affairs, Sipo has remained silent on the judgment given by Justice Barry O’Donnell. This judgement overturned their initial decision to abstain from looking into the Varadkar’s leaked draft medical contract during his inaugural term as taoiseach.
Following Justice O’Donnell’s decision on 21st June, a 28-day timeframe was set to file an appeal. This window closed on the past Friday, with no statement from Sipo. When asked about this, Sipo stated: “Given our position as an unbiased supervisory body, we cannot discuss the matter raised in your email. We have nothing further to say at this time.”
Garrett Sheehan, a retired Court of Appeal judge, presides over Sipo. The commission’s 2022 verdict to abstain from investigating the leak caused division within Sipo, marking its first incidence of a non-unanimous decision. This decision trailed the ruling by the Director of Public Prosecutions to refrain from pressing criminal charges related to the leak.
Three Sipo members, namely Mr Sheehan, Dáil clerk Peter Finnegan, and Seanad clerk Martin Groves, were opposed to the probe. Nonetheless, the reservations voiced by two top independent officials – Comptroller and Auditor General Séamus McCarthy and Ombudsman Ger Deering – were dismissed.
The successful legal reconsideration case opposing the judgment was initiated by Paul Murphy, a TD from People Before Profit. The judge found that Sipo’s rationale was not adequately substantiated and concluded that the TD could mandate the commission to revisit the case.
“Mr Murphy highlighted the pressing necessity for Sipo to initiate an investigation promptly. He remarked, “The incident occurred in 2019, it came to light and I lodged a complaint in 2020. The decision not to pursue an investigation was received in 2022. Here we are, in mid-2024,”.
He stressed the importance of immediate action by Sipo with an assumption of no appeal being lodged by the day’s end. “There is a responsibility on Sipo to fast-track this now,” he added.
Mr Murphy urged Sipo to proclaim their analysis of the High Court verdict. “The judgement, not just relevant to the Varadkar case but also its wider implications, wasn’t grounded in factual decisions, rather it was based on a claim made by Leo Varadkar,” he stated.
He further expressed, “For the public to trust Sipo as a competent body that is interested in bringing those in authority to answer, it is crucial they publicly address this judgement.”