Taoiseach: ‘Inappropriate’ to comment as gardaí send Varadkar leak file to DPP

Gardaí have concluded their investigation, it emerged on Saturday

An investigation was launched after Leo Varadkar confirmed he had leaked a copy of the proposed new GP contract to a friend. File photograph: Alan Betson

Taoiseach Micheál Martin has said it would be inappropriate for him to comment after gardaí investigating the leak of a GP pay deal contract by Tánaiste Leo Varadkar to a friend sent a file on the matter to the Director of Public Prosecutions (DPP).

On Saturday, it emerged that gardaí have concluded their investigation.

Speaking in Cork on Sunday evening, Mr Martin said: “I have been consistent on this from the outset. Due process is important for every individual in the country irrespective of whether you are a politician or not.

“Due process has to be followed here. The presumption of innocence in respect of any complaints that are made to the gardaí, [WHEN THEY ARE]pursued and sent to the Director of Public Prosecutions.”

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“As far as I am concerned it is with the DPP now and it is inappropriate for me to comment on that given the independence of the DPP.”

“I have made my point - as far as I am concerned - this is a very fundamental value within our society in terms of due process and the presumption of innocence in relation to matters of this kind.”

“No matter who the person is that is something I would be consistent on.”

Earlier, Green Party leader Eamon Ryan said he believed consideration of the Garda file on the leak of a GP pay deal contract by Mr Varadkar to a friend could be concluded before mid-December.

Under the rotating taoiseach arrangement, Fine Gael leader Mr Varadkar is due to replace Fianna Fáil’s Mr Martin on December 15th.

A spokeswoman for Mr Ryan said on Sunday it would be inappropriate for the Minister to comment on an ongoing investigation.

“The DPP must now be afforded the time needed to examine the file sent to it by the gardaí- preferably without the distraction of political speculation.

“While the DPP’s consideration progresses, the government coalition parties and leaders will continue to focus on the critical issues affecting the country and people’s daily lives.”

On Saturday, a Garda spokesman said: “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 on Saturday gardaí have not made a recommendation to the DPP.

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.

The investigation was launched after Mr 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.

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 April 16th, 2019 on a confidential basis believing that it would be published in full imminently.

At the time, 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

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times