Ditch media challenges Sipo decision not to release Leo Varadkar donation statement during review

The Ditch media company has issued High Court proceedings challenging the Standards in Public Office Commission’s (Sipo’s) decision to refuse to provide it with an annual donation statement ahead of it being presented before the Houses of the Oireachtas.

Ditch Media Limited alleges it requested a copy of Taoiseach Leo Varadkar’s 2022 annual donation statement last August. It says it wants to seek the 2022 statements related to donations received by other Oireachtas members but is precluded from doing so due to the “unlawful position” adopted by Sipo.

The news site claims Sipo refused to disclose the document, saying it is being reviewed under section 4 of the Electoral Act 1997 and cannot be provided before it is laid before the Oireachtas “in the normal course”.

Sipo allegedly told the website that permitting inspection of donation statements before its review is completed “would hamper the commission’s ability to properly complete its compliance function”.

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The Ditch claims Sipo acted outside the powers of the 1997 Act, which provides that every copy of a statement provided to it under section 74 of the Act shall be available for any person to inspect “at such times and subject to such conditions as the commission considers appropriate”.

This phrase, the site claims, does not allow an “unfettered discretion” or a discretion that permitted Sipo to refuse its request under the reasons given or at all.

In a sworn statement, filed as part of the Ditch’s case against Sipo, journalist Roman Shortall says the issues “transcend” the facts of the case, as they concern whether journalists must wait months or years until the relevant donation statements have been reviewed.

Solicitor Wendy Lyons, of Abbey Law Solicitors, mentioned the case before Ms Justice Niamh Hyland on Thursday. The judge deemed the proceedings “open” before the court for the purpose of marking the case as having been brought within the statutory timeframe.

She adjourned the action to December 11th.

News stories published by the Ditch, which was founded in August 2021, have contributed to the resignations of junior ministers Robert Troy and Damien English .

Until earlier this month, the site was receiving financial backing from Web Summit. With Paddy Cosgrave at the helm, the technology events company committed funding of approximately €1 million over five years.

Funding was pulled “effective immediately”, the company announced on November 7th, after Mr Cosgrave resigned as chief executive amid a backlash over social media posts he made about the conflict between Israel and Hamas.

A spokeswoman said the decision was part of Web Summit’s aim to refocus on its core mission. She said the Ditch is a “separate organisation with its own editorial control and its views do not represent those of Web Summit”.

The site is owned by editor Eoghan McNeil, Mr Shortall and journalist Paulie Doyle.