The National Maternity Hospital is to launch a High Court challenge against a ruling by Information Commissioner Emily O'Reilly that it must release documentation relating to the retention of children's organs to a group representing parents.
A spokesman for the Office of the Information Commissioner confirmed last night it had received correspondence from lawyers representing the Holles St hospital indicating it intended to appeal the decision.
The Parents for Justice group, which represents families affected by the organ retention controversy, was scheduled to receive material from the hospital later this month on foot of the ruling.
It is understood that a second hospital, Our Lady's Hospital for Sick Children in Crumlin, is also considering an appeal against a similar order by the commissioner.
Confirmation that the Holles St hospital was to appeal the decision to the High Court came just a day after Ms O'Reilly publicly criticised it over how it treated her office when dealing with the case.
The Irish Times understands that during her assessment of the case there were several rows between the commissioner's office and the hospital over access to documentation. At one stage Ms O'Reilly warned the hospital that her office had powers effectively to raid the premises and force staff to hand over material. On Thursday, in one of the strongest criticisms ever levelled by her office against a public institution, Ms O'Reilly said the hospital's co-operation fell well short of the necessary standard of reasonableness.
"I would go as far as to say that the behaviour of the hospital in this case amounted to obstruction of my office in the performance of its functions," she said.
The hospital is expected to argue that since the commissioner issued her ruling two months ago the Government has asked medico-legal expert Deirdre Madden to draw up a new report on the controversy based on material submitted by the former Dunne inquiry, which was closed down by the Government in February.
