Tag: varadkar

  • Varadkar off the Hook: Questions Remain

    In response to allegations made against then Taoiseach Leo Varadkar which appeared in Village Magazine, in March 2022 I submitted a formal statement to the Garda investigative team regarding the Official Secrets Act (hencefore OSA); in particular pertaining to the responsibilities of Martin Fraser, then the most senior civil servant in the country.

    I also pointed to an usually-timed departure from precedent in Fraser’s appointment as the next ambassador to London, which is in the gift of Fine Gael’s Simon Coveney as Minister for Foreign Affairs.

    Certain circumstantial evidence remains pertinent to any interrogation by the Oireachtas into what has occurred, namely:

    February 11, 2019: the NAGP union write a threatening letter to Fine Gael HQ warning it would be canvassing against them in upcoming local elections and the forthcoming general election.

    April 10, 2019: the confidential GP contract is couriered from the Taoiseach’s Department to then Taoiseach Leo Varadkar at Baldonnel airport without formal authorisation and with no conditions attached.

    April 25, 2019: an official in that Department of Health warns that ‘Unilateral publication of the Agreement, in the absence of confirmation from the IMO that it is satisfied with the final text, would represent a serious breach of trust.’

    We still do not know which civil servant authorised that initial leak.

    It beggars belief that in the seven months from the time that the revelations appeared in Village Magazine (October 2020), and the case being raised to a criminal investigation (April 2021), that the most senior civil servant in the country – with responsibilities deriving from the OSA including internal breaches – does not appear to have conducted an internal inquiry.

    Bear in mind that if a junior official leaks a confidential file it is usually career suicide, and potentially results in criminal charges.

    I therefore previously argued that it is reasonable to assume that no junior official leaked the document, and that authorisation came from Fraser himself.

    It is important to emphasise that Martin Fraser was one of three Civil Service Commissioners with certain legal powers vested in him that exceed even the Taoiseach of the day.

    The logic underpinning such formidable powers is that they are responsible for the preservation of the institutions, statute and assets of the State beyond the life of any government. Hence the concept of a ‘permanent’ government and its daunting power.

    With such power arrives commensurate responsibility. It became apparent in my dialogue with members of the Garda investigative team that Martin Fraser had not conducted an internal probe, and his role was never under investigation.

    On legal advice I withdrew my statement and was advised that the matter would return to the Oireachtas for clarification and investigation.

    The Duties of the Oireachtas

    Now that the DPP has ruled that Leo Varadkar has no case to answer the matter comes back to the Oireachtas, which ought to clarify the following points before Martin Fraser departs for London. He should be compelled to explain:

    • Why he failed to conduct an internal investigation into the leaked and confidential contract, either in the seven months before the Gardai gave it criminal status or since.
    • If Martin Fraser was indeed responsible for the release of the document, why he didn’t, as cabinet secretary, inform the cabinet. Further to this, it should be asked how and when the cabinet first learned that the contract had been leaked, and was this only through the Village Magazine article.
    • How it is that a Garda investigation spanning eighteen months seemingly never examined the role of Martin Fraser given the strong likelihood the document was released from his Department.

    This affair has set a very damaging precedent whereby the habitual violation of the OSA becomes a risk to the security of the State in the event of future leaks. The DPP decision that Leo Varadkar has no case to answer suggests that sensitive documents may now be casually disseminated.

    The Oireachtas needs to determine, once and for all, on whose authority the contract moved from the Department of Health to the Taoiseach’s Department.

    Mr Fraser should be directly questioned as to whether he authorised that step, using his higher powers as head of the civil service, and commissioner, to demand the release of the document from the then Secretary General of the Department of Health, Jim Breslin to his own Department of the Taoiseach. Mr Breslin would have been obliged to release the document to his superior in the civil service chain-of-command.

    Moreover, the DPP’s decision makes it imperative for the Oireachtas to clarify who is responsible for a breach of the OSA.

    Leo may be off the hook, but important issues surrounding the affair remain opaque. The fundamental matter to be addressed is who precisely within the civil service authorised the initial leak of the document to Leo Varadkar.

    It is quite simply bizarre that Martin Fraser – without previous diplomatic experience in the Department of Foreign Affairs – was appointed ambassador to our most sensitive and prestigious embassy at a time when a criminal probe into a leaked document remained unconcluded; in a matter over which he held overarching responsibility.

    Bernadette Gorman was a civil servant for twenty years and held statutory powers. She worked as an Inspector and a trainer of Inspectors.

    Feature Image: (c) Daniele Idini.

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  • Varadkar Leak: Broaden the Investigation

    The ongoing criminal investigation into an alleged breach by Tánaiste Leo Varadkar – while Taoiseach in 2019 – of corruption legislation and the Official Secrets Act (OSA) should be broadened to include members of the permanent Government; especially the Secretary General to the Department of the Taoiseach, Martin Fraser. Instead, he is set to be become Ireland’s next ambassador to the U.K., despite having no diplomatic experience.

    Serious charges of corruption were first levelled against Varadkar in Village Magazine in October, 2020, but this article primarily focuses on the importance of the OSA investigation pertaining to the responsibilities of top civil servants. The OSA requires the relevant civil servants to perform a formal authorisation process before the release of a confidential official document.

    The weight of responsibility for upholding the State, its assets, institutions, and statutes in perpetuity falls to civil servant members of the permanent government. The formidable powers vested in senior civil servants are commensurate with their responsibilities.

    Chain of Movement

    We know that a confidential draft G.P. contract was acquired by Leo Varadkar through his own Department of the Taoiseach, which received it from the Department of Health, and that, bizarrely, this was couriered from the Taoiseach’s Department to Baldonnel Aerodrome to the then Taoiseach.

    It is safe to assume that that this unorthodox chain of movement involved the State’s most senior civil servant, Martin Fraser, and perhaps then Secretary General of the Department of Health Jim Breslin.

    Notably, an official in the Department of Health warned that ‘Unilateral publication of the Agreement, in the absence of confirmation from the IMO that it is satisfied with the final text, would represent a serious breach of trust.’ The leaking by Varadkar of the document to his friend Dr Maitiu O Tuathail, the President of the rival National Association of General Practitioner (NAGP) surely “represented a serious breach of trust.”

    Moreover, according to the FOI received by Sinn Féin TD Pearse Doherty even ‘the line Minister responsible for the negotiations [then Minister for Health Simon Harris] was unable to obtain the contract from his officials.’

    If the draft contract had been acquired by Leo Varadkar from a more junior official it would not be the subject of a criminal probe, as there would have surely first been an internal inquiry under the Secretary to the Government, Martin Fraser.

    We can therefore take it for granted that the release of the document to Leo Varadkar was authorised by the State’s most senior civil servant: Martin Fraser. If so, it begs the question why Fraser would have permitted this to happen.

    Legal Obligations

    What then were Martin Fraser’s legal and constitutional obligations?

    First, as the State’s most senior civil servant he should have satisfied himself and informed the Cabinett under 2018 anti-corruption legislation and the OSA, that Varadkar was not acquiring a highly sensitive document for corrupt and unlawful purposes. An apparent failure by Fraser– who originally joined the Department of the Taoiseach as finance officer in 1999 under Bertie Ahern – to interrogate why Varadkar sought a hard copy to be delivered to him at Baldonnel displayed an unacceptably permissive approach, at the very least.

    Secondly, Fraser had an obligation as Cabinet Secretary to inform the Cabinet that Varadkar had acquired the confidential G.P. contract under the OSA. Any decision to release such a sensitive document should have followed normal Cabinet procedures, or at least the advice of the Attorney General should have been sought.

    That the roles of Fraser, and, to a lesser extent, Breslin do not form part of the Garda investigation sets a dangerous precedent, with the potential to destabilise the legislative basis of the State itself. The powers of the civil service operate in perpetuity via a constellation of interacting legislation, of which the Ministers and Secretaries Act, the OSA and civil servants’ contracts are integral parts.

    Many now consider the leaking of the G.P. contract to have been relatively harmless, and question whether Leo Varadkar had anything to gain from it. But that the Gardai have given it the status of a criminal investigation demonstrates the gravity of the matter. Any breach of the OSA casts doubt over the integrity of senior officials – especially Martin Fraser – and by extension state institutions.

    These processes are not now being interrogated in what appears an alarmingly narrowly focused investigation.

    Despite repeated attempts to bring this matter to the attention of senior members of the Gardaí, I have received no response to date.

    Ambassador Role

    If he was under investigation, Fraser would surely not be departing for the role of Ambassador to the U.K..

    That he was proposed in July 2021 for the London posting, while the investigation was underway – and where it had been raised to criminal status encompassing the OSA since April 2021 – gives rise to serious concern.

    That appointment process calls into question the judgement of the current Taoiseach, Micheál Martin the Tánaiste, Leo Varadkar and the Minister for Foreign Affairs, Simon Coveney. Formal democratic decision making is being sidestepped, amidst the horse-trading of a tripartite coalition that devolves to the permanent, unelected government. The botched secondment of Tony Holohan – in which Martin Fraser is also implicated – confirms this impression.

    As in Holohan’s case, with Fraser’s appointment to London, executive decisions appear to have been made in violation of normal procedures. Indeed, Fraser has no prior experience as a diplomat with the Department of Foreign Affairs.

    But the plum London job still awaits a figure described by former cabinet minister Shane Ross as ‘an immensely powerful civil servant.’

    Zappone Appointment

    From what we know of what is in the public domain, Fraser was among a suite of names proposed for various overseas positions, which were brought to the Cabinet for consideration on July 27, 2021, just as the controversial proposal to appoint Katherine Zappone as UN special envoy was unravelling.

    The Irish Times carried a story that afternoon stating that Fraser had been “proposed” that day for the London Embassy job, but it remains unclear when the Cabinet actually signed off on this appointment.

    The Irish public now have a right to know whether Fraser knew the purpose for which Varadkar was obtaining the sensitive contract in an unorthodox fashion; and if not, why didn’t he attempt to ascertain this.

    The role of Martin Fraser – along with the then Secretary General of the Department of Health Jim Breslin who should have received any such instructions in writing – should form part of this criminal investigation.