Martin calls for due process after file sent to DPP over Varadkar GP contract leak

'Due process is important for every individual in the country irrespective of whether you are a politician or not,' the Taoiseach said in Cork this afternoon
Martin calls for due process after file sent to DPP over Varadkar GP contract leak

Tánaiste, Leo Varadkar, Taoiseach Micheál Martin, and Environment Minister, Eamon Ryan. File Picture: Julian Behal/PA Wire

The Taoiseach has said that it would be "inappropriate" for him to comment on an imminent decision from the Director of Public Prosecutions (DPP) on whether to charge Tánaiste Leo Varadkar over the leaking of a GP contract.

Gardaí launched the investigation after Mr Varadkar confirmed he had leaked a copy of a proposed new GP pay agreement, agreed upon by his government and the Irish Medical Organisation (IMO), to a rival GP group, the National Association of General Practitioners (NAGP), while he was Taoiseach in 2019.

The person to whom the documents were leaked, Dr Maitiú Ó Tuathail, was the then-president of the now defunct NAGP.

In leaking the documents, Mr Varadkar said that he was simply trying to get wide GP support for the proposed deal.

Gardaí have confirmed that a file on the matter has been sent to the DPP.

"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," a garda spokesperson told the Irish Examiner on Saturday.

Speaking in Cork this afternoon, Micheál Martin said he had been consistent on the matter 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 (and) the presumption of innocence in respect of any complaints that are made to the Gardaí and sent to the Director of Public Prosecutions."

Mr Martin said it would not be appropriate for him to comment, given the independence of the DPP.

Pressed further on the issue, he added: "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, Environment Minister Eamon Ryan also refused to speculate on whether Mr Varadkar would be charged.

“We should leave that to the DPP," he said. 

"I think politicians over the years have made mistakes when they started pre-empting or assuming or set the expectations on what the DPP will do. 

"I'm very happy for let her do work. I don't want to start to presuming; ‘Oh, I think it could end up this way’. I think we've to let her do the work. And I think we'll manage that in whatever way it works out. But for the moment, I think she should be given the space to do it."

Mr Ryan said he “would imagine” that the decision will be made before December.

Fine Gael confident DPP file will not stop Varadkar being Taoiseach in December

The Programme for Government arrangement for a rotating Taoiseach dictates that Leo Varadkar is due to take up the role again in December. Picture: Sam Boal/Rollingnews.ie
The Programme for Government arrangement for a rotating Taoiseach dictates that Leo Varadkar is due to take up the role again in December. Picture: Sam Boal/Rollingnews.ie

Meanwhile, Fine Gael has said it is confident a decision will be made in a matter of weeks not to charge Tánaiste Leo Varadkar over the leaking of a GP contract.

The Programme for Government arrangement for a rotating Taoiseach dictates that Mr Varadkar is due to take up the role again in December. 

However, there has been ongoing concern the investigation or decision whether to charge Mr Varadkar could still be live at this time.

The annual report of the DPP’s office shows that 56% of files submitted by the Gardaí received a decision within two weeks.

The DPP gave direction in 99% of cases in 2019 and 2018 within six months and 96% in 2020. Also in 2020, 88% of cases were given direction within three months.

“Everything indicates we'll know sooner rather than after December,” a Fine Gael source said.

We’re in the same position as always. We’re confident the outcome will be in the Tánaiste's favour.” 

After news of the leaking of the proposed GP contract broke, Mr Varadkar apologised for his "errors of judgement" in the Dáil.

In November 2020, he survived a vote of no confidence, tabled by Sinn Féin, by a margin of 92 votes to 65.

In February, the Taoiseach Micheál Martin said he would have no difficulty with Leo Varadkar becoming Taoiseach later this year if the matter was not concluded.

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