The country’s best-known civil servant said a document that was leaked by former Taoiseach Leo Varadkar had never ceased to be classified and confidential.
The Secretary-General of the Department of Health Robert Watt told the Standards in Public Office Commission (SIPO) that the document was not supposed to be shared until it was formally published.
Mr Watt was last summer sent a lengthy list of questions by SIPO and said it was his view that the “degree of sensitivity or need for confidentiality” over the document never changed.
He said it was his understanding that an agreement to keep the document secret “would have been made explicit” during the negotiation process.
Mr Watt said that the plan was always for the document to be published but only when it was completely finalised.
An email from him said: “It is our understanding that it was agreed by all three parties that confidentiality of the draft text was to be maintained pending its finalisation.”
In April 2019, Mr Varadkar sent a draft copy of the agreement between government and the Irish Medical Organisation (IMO) to Dr Maitiú Ó Tuathail, who was at the time the head of a rival GP group.
However, despite Mr Watt’s statement that the record never ceased to be confidential, SIPO again decided last December not to pursue a formal investigation into the former Taoiseach.
Correspondence between SIPO and the Departments of Health and the Taoiseach was originally withheld by the Standards Commission under FOI laws.
It was only released following an internal review and raises further questions over why the Standards Commission did not pursue the matter further.
In one question to the Department of Health, SIPO asked if the document was “declassified at any point?”
Mr Watt responded with a single word: “No.”
Asked if the high-level sensitivity of the document had ever changed, he replied: “No.”
Mr Watt said the reason for that was to maintain confidentiality so that it could undergo the necessary editorial control and finalisation to ensure only “accurate information” came into the public domain.
SIPO also asked if the contract had ever been requested by anybody else at the time from the Department of Health.
Mr Watt responded saying: “No records held by the department … indicate that any other individual or organisation sought the text.”
SIPO asked when the document had been provided to the former Taoiseach Leo Varadkar.
However, the Department of Health said they held no records on this and that their submissions system showed it was provided to the then Health Minister Simon Harris on April 17.
Text messages published by Village Magazine in 2020 show that the document was leaked by Mr Varadkar in mid-April of 2019.
Further records, including legal advice and other documents on why SIPO again decided last December not to pursue the matter, have all been withheld under FOI laws.
Asked about the documents that they did release, SIPO said they had no comment to make.