Gardaí send Leo Varadkar leak file to DPP after concluding investigation

Tánaiste’s spokesman says gardaí have made no recommendation to the Director of Public Prosecutions

Tánaiste Leo Varadkar. File photograph: Dara Mac Dónaill
Tánaiste Leo Varadkar. File photograph: Dara Mac Dónaill

Gardaí investigating the leak of a GP pay deal contract by Tánaiste Leo Varadkar to a friend have concluded their investigation and sent a file on the matter to the Director of Public Prosecution (DPP), it has emerged.

A Garda spokesman said on Saturday: “In response to your query, An Garda Síochána can confirm that an investigation file on this matter has been submitted to the Office of the Director of Public Prosecution for its consideration.

“As this matter is now for consideration by the Office of the DPP, An Garda Síochána will not be commenting any further.”

A spokesman for Mr Varadkar said the gardaí have not made a recommendation to the DPP.

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The investigation was launched after Varadkar confirmed he had leaked a copy of the proposed new GP contract to a friend - Dr Maitiú Ó Tuathail - in April 2019.

The document contained details of the deal the then government had provisionally agreed with the Irish Medical Organisation.

At the time Dr Ó Tuathail was the president of the National Association of General Practitioners, a rival organisation also representing GPs that is now defunct.

The Irish Times queried on Thursday whether the file had been sent and was told it was an ongoing investigation.

In an additional response on Saturday afternoon, gardaí confirmed the file has now been sent.

Mr Varadkar apologised for his actions in the Dáil, and survived a Sinn Féin vote of no confidence. He insisted he had not broken the law, and defended his actions by saying he had circulated the contract to encourage NAGP members to agree to it.

Mr Varadkar previously said he does not believe charges will be brought against him.

In the Dáil last year, he also rejected as “false and without foundation and deeply offensive” any suggestion that he had anything to gain personally from the disclosure.

He said he posted the document to Dr Ó Tuathail between April 11th and 16th 2019 on a confidential basis believing that it would be published in full imminently.

At this time in April 2019 the NAGP claimed to have 1,200 members, he said. He told TDs that “little would get done” without informal contacts.

He also said that “sometimes people like to exaggerate the nature of their relationships, to inflate their own influence, or to claim to speak for a person when they do not”. He said “this is clearly a big part of this story”.

Mr Varadkar said that Dr Ó Tuathail was a friend but “we are not close friends”. He said they would meet two or three times a year on “overlapping social events”. They were “not best mates” and Dr Ó Tuathail was “clearly overegging it” on the extent of their friendship.

He said he regretted that he did not provide the document in a more appropriate, formal manner. “It was an error and one I accept sole responsibility for.”

On Saturday, Mr Varadkar’s spokesman said: “The Tánaiste has been informed through his solicitors that the Garda investigation is now over. A file is with the DPP.

“We understand the gardaí have made no recommendation. It is now for the DPP to consider the matter. The Tánaiste is pleased that this matter is now moving on and is very confident the outcome will be in his favour.”

A spokesperson for Taoiseach said: “As this matter is now with the DPP, it wouldn’t be appropriate to comment.”

Jennifer Bray

Jennifer Bray

Jennifer Bray is a Political Correspondent with The Irish Times