The High Court has reserved judgment on a challenge by the National Maternity Hospital to Information Commissioner Emily O'Reilly's decision to release to the campaign group, Parents for Justice, the hospital's submissions to the Dunne inquiry into the retention by hospitals of the organs of dead children.
The three-day hearing before Mr Justice John Quirke concluded yesterday. The judge will give his decision at a later date.
The hospital has claimed its submissions were made on a confidential basis to the private inquiry before Anne Dunne SC which began in 2000 following revelations that hospitals had retained the organs of deceased patients without consent for post-mortem examinations. The inquiry continued for five years until the government directed Ms Dunne in March 2005 to produce a report.
The Information Commissioner has contended her decision of April 18th, 2005 to direct that the group be given the submissions was made after the Dunne inquiry had concluded. She also claims her decision was in the public interest.
Parents for Justice claim the confidentiality agreement referred to by the hospital was subject to the law and the Freedom of Information Act and did not bind either the commissioner or the group.