Paul Murphy granted leave to challenge Sipo's rejection of complaint against Taoiseach

Mr Murphy made a complaint in November 2020 to Sipo that Mr Varadkar provided a copy of the confidential proposed GP's contract agreement in April 2019 to Dr Maitiú Ó Tuathail

Paul Murphy also seeks an order remitting the matter back to Sipo for reconsideration. Photo: Damien Storan

Dublin TD Paul Murphy can bring a High Court challenge over the refusal by the Standards in Public Office Commission (Sipo) to investigate a claim Taoiseach Leo Varadkar leaked a draft GP contract agreement.

Permission to bring the judicial review action was granted by Ms Justice Niamh Hyland on Monday. Mr Murphy's lawyers, the judge said, had made out that the applicant's claim is arguable.

People Before Profit-Solidarity TD, Mr Murphy, initiated his challenge last February. The case was adjourned on several occasions when the then-judge presiding over the judicial review list, Mr Justice Charles Meenan, wanted certain legal points clarified.

Mr Justice Meenan had also directed that the matter be on notice to both Sipo and Mr Varadkar.

On Monday, Ms Justice Hyland said that after reading all the papers and submissions provided to the case in respect of the leave application, she was satisfied that permission to bring the challenge against the ethics watchdog's decision should be granted. Lawyers for Sipo or Mr Varadkar did not oppose the leave application.

Among the Dublin South-West TD's grounds of challenge is a claim his right to fair procedures and natural and constitutional justice was breached by Sipo’s decision. He further seeks an order remitting the matter back to Sipo for reconsideration.

Mr Murphy made a complaint in November 2020 to Sipo that Mr Varadkar, then Tanáiste, provided a copy of the confidential proposed GP's contract agreement in April 2019 to Dr Maitiú Ó Tuathail, president of the National Association of General Practitioners (NAGP).

The agreement had been negotiated between the Department of Health, the HSE, and the Irish Medical Organisation (IMO). Dr Ó Tuathail’s NAGP is a rival to the IMO and was not party to the negotiations.

Mr Murphy says the document was confidential and had not been released publicly. Mr Varadkar, following publicity about the alleged leak, denied it was confidential by the time he passed it on to Dr Ó'Tuathail.

After granting leave, the judge made certain directions regarding the exchange of documents in the cases, and adjourned the matter to a date in October when the new legal year commences.