Right to privilege upheld by Judge Lindsay

Judge Lindsay today ruled against an application by the Irish Haemophila Society (IHS) claiming that "legal professional" privilege at the tribunal was under an implied waiver after the Oireachtas drew up its terms of reference.

The legal argument arose over whether hospitals, doctors and health boards have the right to withhold documents from the tribunal on the grounds that they were privileged.

Judge Lindsay today ruled the right to claim legal privilege is a fundamental right and that a resolution of the Dáil cannot change statute or interfere or amend that right.

The IHS said in a statement it was at a loss to understand the decision and would seek a judicial review.

IHS had based its legal challenge against the right of hospitals, health boards and doctors to claim privilege over certain documents on statement made the Minister for Health when the tribunal was established.

It argued that in drafting the terms of reference to establish the tribunal the Minister for Health stated the State and all State agencies shall provide their full co-operation and all documents and information requested.

The IHS continued that today’s ruling went against the purpose for setting up the tribunal in the first place.

Judge Lindsay directed the BTSB; the Drugs Advisory Board; St James's Hospital; the Adelaide and Meath Hospital incorporating the National Children's Hospital; Ms Cecily Cunningham; the Southern Health Board; the Western Health Board and the Northeastern Health Board to list in appropriate fashion the documents for which they are claiming privilege within six weeks.

The tribunal will recommence public hearings on the February 13th at 10:30 a.m.