People Before Profit-Solidarity TD Paul Murphy has secured permission to bring a High Court challenge over the Standards in Public Office Commission’s (Sipo) refusal to investigate a claim Taoiseach Leo Varadkar leaked a draft GP contract.
Ms Justice Niamh Hyland granted leave to pursue judicial review on Monday after finding his case met the low threshold of containing legal grounds that are “arguable”.
Mr Murphy’s challenge was initiated last February and was subsequently adjourned on several occasions as Mr Justice Charles Meenan, who previously presided over the judicial review list, wanted certain legal points clarified. That judge also directed that Sipo and Mr Varadkar should be formally notified of the leave application.
Ms Justice Hyland was satisfied after reading the papers provided that she should grant permission for the case to be brought. Lawyers for Sipo and Mr Varadkar did not oppose the early-stage application.
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[ Years after the Varadkar leak, there is still no end to this affairOpens in new window ]
The case was adjourned to October.
Among the Dublin South-West TD’s grounds of challenge is a claim that his rights to fair procedures and natural and constitutional justice were breached by Sipo’s decision.
He is seeking, among other reliefs, an order quashing Sipo’s decision of last November 9th refusing to carry out an inquiry into the matter under section 23 of the Ethics in Public Office Act 1995.
Mr Murphy made a complaint in November 2020 to Sipo alleging Mr Varadkar provided a confidential copy of a proposed GP contract agreement in April 2019 to his then friend, Dr Maitiú Ó Tuathail, who was president of the now defunct National Association of General Practitioners (NAGP).
The agreement had been negotiated between the Department of Health, the Health Service Executive (HSE), and the Irish Medical Organisation (IMO).
Dr Ó Tuathail’s NAGP was a rival to the IMO and was not party to the negotiations.
Mr Murphy alleges the document was confidential and had not been released publicly.
Following publicity about the alleged leak Mr Varadkar denied it was confidential by the time he passed it on to Dr Ó Tuathail. He also said he provided it in his capacity as head of government to encourage a broader acceptance of its terms among the GP community. There was no personal advantage for him, he said.