Sipo agrees to order quashing its refusal to provide The Ditch with political donation statement

Publisher brought case after being refused a copy of Leo Varadkar’s 2022 annual donation statement last August

Ditch Media brought the case after being refused a copy of Taoiseach Leo Varadkar’s 2022 annual donation statement last August. Photograph: Gareth Chaney/Collins
Ditch Media brought the case after being refused a copy of Taoiseach Leo Varadkar’s 2022 annual donation statement last August. Photograph: Gareth Chaney/Collins

The Standards in Public Office Commission (Sipo) has agreed to a High Court order quashing its decision to refuse to provide the Ditch media company with an annual political donation statement.

Barrister Stephanie Lawless, for Ditch Media Limited, told the court on Tuesday the parties had reached an agreement in the case and the other side was consenting to an order for its decision to be overturned.

Ms Justice Niamh Hyland made the orders sought and struck out the case.

Ditch Media brought the case after being refused a copy of Taoiseach Leo Varadkar’s 2022 annual donation statement last August. It said it wanted to request the 2022 donation statements of other Oireachtas members but was precluded from doing so because of the “unlawful position” adopted by Sipo.

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The news site claimed Sipo said the document sought was being reviewed under section 4 of the Electoral Act 1997 and could not be provided before it is laid before the Oireachtas “in the normal course”.

Sipo allegedly told the website that permitting inspection of donation statements before it completes its review “would hamper the commission’s ability to properly complete its compliance function”.

The Ditch, represented by Abbey Law Solicitors, alleged Sipo acted beyond the powers it has under the 1997 Act, which provides that every copy of a statement provided to it under section 74 shall be available for any person to inspect “at such times and subject to such conditions as the commission considers appropriate”.

Last month, the Ditch published stories based on Mr Varadkar’s 2022 donation statement to Sipo. The reporting alleged the Taoiseach had to file three statutory declarations of his political donations following queries from Sipo.

A spokesperson for Mr Varadkar told RTÉ last month he is compliant with Sipo rules on political donations.

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Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times