SIPO introduced unofficial pause on publishing investigation reports in run up to general election

Ken Foxe

The Standards in Public Office Commission introduced an unofficial moratorium on publishing investigation reports in the run-up to the general election.

Internal emails reveal that SIPO had no official policy in place on whether to release reports during an election campaign but decided on an unofficial pause on publication.

The ‘moratorium’ caused controversy after it emerged that a report into Fianna Fáil TD Robert Troy was withheld until after polling day.

Records show that at a SIPO meeting in October, a decision was taken that the Troy investigation report would not be published until after the general election.

An email to colleagues from Commissioner Seamus McCarthy said they needed to be clear on how this ‘moratorium’ would work.

Mr McCarthy, who is also the Comptroller and Auditor General, wrote: “Have we established (or can we establish) that there is not an existing policy in that regard?

“From my time on the Commission, I don’t recall a moratorium policy being discussed, but records may indicate otherwise.”

He said in his separate role as Comptroller and Auditor General, there were statutory provisions for publication of reports so they could not be paused.

Mr McCarthy wrote: “As I mentioned … some of my counterparts in other jurisdictions operate moratoriums on publication of ‘special’ [or] non-routine reports during a relevant election period.

“I understand that they generally determine the moratorium period as being from the date the election is called, until the election closes.”

He said this worked well in countries where elections had to take place at a certain time – like in the United States – where dates could be set in advance.

However, Mr McCarthy said any moratorium should only cover investigation reports rather than more general reports.

He wrote: “I don’t believe we agreed not to issue any current decisions, which would hold up many complaints … for no good reason.”

Mr McCarthy added that while SIPO had to make decisions as circumstances arise, a more formal process might be necessary.

His email said: “It may be appropriate for the longer term for the Commission to receive a policy [or] strategy paper from the Secretariat on this subject when we next meet, and to set a formal policy on the operation of moratoriums.”

The decision to hold off on publication of the report on Robert Troy was heavily criticised after it emerged it was completed on October 21st.

Publication did not take place until early December due to what SIPO said was its role as an “impartial and independent body.”

The report found that Mr Troy had failed to declare fully certain properties he owned and other interests but concluded he “acted in good faith.”

Mr Troy resigned as a minister of state in 2022 following reporting on The Ditch website about his failure to fully declare all his financial interests.