HSE chiefs ordered court action over Ms Y to be abandoned

Senior Health Service Executive bosses ordered the abandonment of court proceedings in relation to a pregnant young immigrant when they became aware of the approach being taken by HSE line management, it has emerged.

Top Department of Health officials were seriously concerned about the legal proceedings planned in the "Ms Y" case last month, a spokesman for Minister for Health Leo Varadkar has confirmed.

Both organisations denied there was any rift between them in their approach to Ms Y at the time in early August when she was on hunger strike and seeking an abortion.

Mr Varadkar’s spokesman said his Department became aware of the HSE’s course of action “at a very late stage”. He said the Department had been “very concerned at the approach” the HSE was taking, and “following discussions between the Department and the HSE leadership”, the HSE decided not to pursue its planned approach.

Termination

A HSE spokeswoman said when senior management became aware of the case, they directed that no further court proceedings were required. At the same time, the clinicians treating the woman were certifying a termination of pregnancy, so they directed that this certification be acted upon without further recourse to the courts.

“There had been discussion amongst those involved about whether – in these particular circumstances – it was necessary to secure the formal consent of a court for the termination of a pregnancy by way of early delivery.”

The spokeswoman said the legal action ceased was not related to a court order about hydration. “The only legal action called off was one designed to secure court cover for the termination/early delivery.”

However, Department sources indicated they believed both issues – hydration and termination – were “all wrapped up in the same thing”. While it may have been appropriate to seek legal advice, the feeling was that taking court proceedings represented “a move away from the core issue,” ie the woman involved.

The HSE spokeswoman pointed out the case followed the enactment of new legislation. “When it came to the attention of the relevant clinicians and others, the circumstances 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.”

‘Complex circumstances’

“The Department had been central to drafting the legislation and was well acquainted with the theory of how it might operate and naturally had a keen interest in the matter. Those actually involved in the care of Miss Y at that point, and therefore responsible for the operation of the legislation, had to make decisions in real time in what was very complex circumstances.”

The spokeswoman confirmed HSE director general Tony O’Brien has retained legal counsel to review the legal approach taken. “The Director General has retained senior counsel to review the reasonableness, or otherwise, of the legal approach taken in this case and to identify any learnings therefrom,” said the HSE in a statement.

Ms Y arrived in the State at the end of March and found out she was pregnant soon after. She said she had been raped before she came here and wanted an abortion, which was refused. The woman was not forcibly hydrated and she consented to her child being delivered by Caesarean section at 25 weeks. The child is in State care. A HSE panel is investigating the circumstances of the case but has yet to complete its final report.