The Chief Executive Officer of the Southern Health Board is to reconsider his decision not to release confidential papers to the Lindsay Tribunal. Seán Hurley made the announcement today at a Board meeting in Cork following close questioning about appeals from the Minister for Health and an Oireachtas Joint Committee.
Gerard Healy from Greenmount in Cork City died at the age of 38 - leaving a wife and three children. A haemophiliac, he contracted HIV from contaminated blood products. Gerard's father, Joe, told the Lindsay Tribunal last year that he wanted the full truth about the infection of his son to come out. Yet, the Tribunal does not have access to all relevant papers as some parties are exercising their constitutional right to privilege. That allows them to withhold papers relating to legal advice or litigation.
The Board of the Southern Health Board found out today it is one of four parties to keep withholding papers. The decision was taken by Chief Executive Officer, Sean Hurley, after legal advice but without reference to the Board. The issue came as a shock as the Minister for Health, Mícheal Martin, called on all parties to waive privilege last February.
A similar appeal came later from the Oireachtas Joint Committee on Health and Children whose Chair, Batt O'Keefe, sits on the Board of the Southern Health Board. Deputy O'Keeffe told RTÉ News that he did not accept Mr Hurley's contention that the Joint Committee's motion was unclear.
Part of Mr Hurley's reasoning is that to release the papers would seriously hamper the activities of its legal advisors but this is not accepted by the Irish Haemophilia Society. Under questioning, Mr Hurley announced that he would review the decision. He did not say when that would happen.
