Government agencies should not sue each other, Varadkar says

Minister for Health Leo Varadkar has said it is not appropriate for State agencies to sue each other and he would expect two bodies to sort out any dispute they had without resorting to the law.

Mr Varadkar was responding to a report in The Irish Times that the HSE has threatened to take legal action to prevent the publication of the report by the Health Information and Quality Authority (Hiqa) into the Midland Regional Hospital in Portlaoise.

An advanced draft of the report places some of the blame for the shortcomings at the hospital, where five babies died in controversial circumstances, on senior corporate management in the HSE, The Irish Times understands.

“I suppose I’m in a slightly invidious position in that both HSE and Hiqa are agencies under my remit. I don’t believe it is appropriate for government agencies to sue each other,” Mr Varadkar said. “I would expect the two bodies if at all possible to sort out any dispute they have without going to the law.”

Mr Varadkar said he was not “waiting around” for a report to strengthen Portlaoise hospital.

“There’s a new manager in place at Portlaoise, it’s been made part of the Dublin Midlands Hospital group, discussions are under way with the Coombe on an MoU to run the maternity services there and management has been strengthened and additional consultants have been appointed,” he said.

Mr Varadkar said he would like to see the report as soon as possible but stressed it was important it was accurate. Anyone or any body criticised in it would have the right to reply before it was finalised.

Minister for Foreign Affairs Charlie Flanagan said it was imperative the report was published as soon as possible in the public interest.

“The reported disagreement between two government agencies is most unhelpful. Are the recipients of the health service to become pawns in an unseemly row?” asked Mr Flanagan, a TD for Laois–Offaly.

In a statement, the HSE said many members of staff had participated in the Hiqa investigation and a full draft report was presented to the director-general of the HSE on Febuary 2nd with a request for final comments on it within a two week period.

“The draft report contained some factual inaccuracies, lacked context and balance and failed to give reasons for or to substantiate certain findings relating to parts of the HSE and/or certain individuals,” the statement said .

“On further examination the director-general noted that these individuals had not been furnished with the relevant information or documentation in order to allow them to appropriately respond to these findings,” it added.

The statement said the HSE wrote to Hiqa on multiple occasions seeking a meeting and further information and supporting documentation and that Hiqa did not accede to these requests.

It was at that juncture the legal route was considered, it said.

The HSE wrote to the Department of Health on March 13th asking it to intervene in the matter, it addeded.

“Following a meeting last week, Hiqa and the HSE are now working in accordance with an agreed process to receive this necessary information and documentation and to bring finality to the HSE’s input into the process of finalising the report,” the statement concluded.

Fianna Fáil called on Mr Varadkar to order the immediate publication of the report.

Health spokesman Billy Kelleher said it was 'unacceptable' that more than a year since the report was commissioned, attempts are underway to further delay its publication.

“We cannot accept a situation where the HSE threatens legal action because it doesn’t like the findings of this report. A dangerous precedent of avoiding responsibility could be set here.”