Leo Varadkar ‘leak’ investigation file sent to DPP by gardaí for decision on whether to prosecute

It is understood that officers form the specialist National Bureau of Criminal Investigation (NBCI) sent the Garda file to the public prosecutor within the past couple of days.

It can be revealed that gardaí did not recommend one way or the other whether the Tánaiste or Dr Ó Tuathail should face criminal charges. Instead, they “left the decision up to the DPP”.

A Garda spokesman told Independent.ie: “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.

“As this matter is now for consideration by the Office of the DPP, An Garda Síochána will not be commenting any further.”

Mr Varadkar is under investigation over the April 2019 leaking of a confidential copy of a document outlining the details of the Government’s proposed GP contract with the Irish Medical Organisation to his friend Dr Ó Tuathail , who was then head of a rival organisation, the National Association of General Practitioners.

The long-running garda probe by a specialist team of officers initially anticipated that the investigation would be finished by the end of last summer. However, the probe was extended for a number of reasons. These included several people making a series of additional, add-on statements.

Mr Varadkar and Dr Ó Tuathail have both been questioned by gardaí. Both their phones were also examined by detectives. The Tánaiste has apologised for passing the contract details on to Dr Ó Tuathail and said his legal advice is that he “committed no offence”.

Though Mr Varadkar has been accused by political opponents of breaching the Official Secrets Act, gardaí are investigating whether he breached section 7 of the Criminal Justice (Corruption Offences) Act, 2018.

It states it is a criminal offence to use “confidential information obtained in the course of his or her office, employment, position or business for the purpose of corruptly obtaining a gift, consideration or advantage for himself or herself or for any other person”.

A spokesperson for the Tánaiste said Mr Varadkar is "very confident" he will not face charges over the matter.

"The Tánaiste has been informed through his solicitors that the Garda investigation is now over. A file is with the DPP," the spokesperson said.

"We understand the Gardaí have made no recommendation. It is now for the DPP to consider the matter. The Tánaiste is pleased that this matter is now moving on and is very confident the outcome will be in his favour."