Health Service Executive Director General Tony O’Brien has asked for a review into the legal approach taken in relation to 'Miss Y'.

The Department of Health has confirmed it raised concerns with the HSE over the approach its legal team was taking before a second court action was called off.

This action was in relation to getting an order to allow a termination to be carried out under the Protection of Life in Pregnancy Act.

In a statement today, the HSE said when senior management became aware of the matter they directed that no further court proceedings were required, and the termination could be carried out.

Previously a court order had been obtained to allow 'Miss Y' to be hydrated but the second legal action was unrelated.

The Department of Health says it became aware of the course of action being followed by the HSE legal team at a very late stage.

In a statement it said: "The Department was very concerned at the approach the HSE legal team was taking and following discussions between the department and the HSE leadership, the HSE legal team decided not to pursue its planned approach."

In today's statement the HSE said the circumstances of 'Miss Y's' case were significantly complex and gave rise to particular issues, which had to be considered carefully by those involved, who had a duty to ensure they were acting lawfully.

The statement said those directly involved in 'Miss Y's' case had to make decisions "in real time - in what was very complex circumstances".

It said the Department of Health had been central to drafting the legislation and was aware of how it might operate.

Mr O’Brien has retained senior counsel to review whether the legal approach that was taken was reasonable and "to identify any learnings thereof".

This is separate to a review being carried out by a four person panel into what happened to 'Miss Y' in the run up to the caesarean section being carried out.

The legal actions taken by the HSE do not come under the review team's terms of reference, which has led to Mr O’Brien asking a senior counsel to carry out a separate review.