THE Western Health Board yesterday defended its decision not to publish the report of an inquiry into the death of Kelly Fitzgerald (15), which is critical of its role in the case.
The board also outlined events since it received the report, which it commissioned, in November. Based on legal opinion, it did not favour "general publication of the report".
A preliminary reading generated questions on the accuracy of certain statements and the reasonableness of some conclusions, the board's chief executive officer, Mr Eamonn Hannan said.
"In view of these questions, legal opinion was sought as to the board's position in regard to publication of the report."
The board received the opinion of its legal advisers on February 6th, while further clarification was sought and received on March 5th, he said.
"On March 6th, copies of the report were issued to members of the board, together with the legal opinion received, and my own report to the board. All of these are to be considered at a special meeting of the board to be held in committee on Monday March 11th," Mr Hannan added.
"In my report to the board, I recommended that in view of the legal opinion received, the report of the inquiry team should not be given general publication but that the recommendations 44 in all of the team should be so published."
He added "I further proposed that the recommendations of the team, insofar as they lay within the remit of the board, should be carefully examined with a view to bringing proposals for action before the board, and, where extra resources were necessary, to the Department of Health those recommendations whose rem it lay outside the board, at national level or otherwise, would be referred to the Department of Health."
Mr Hannan would not comment further until after next Monday when the board's special meeting will take place.
A senior counsel, who has been advising the board on the legal implications of the inquiry into the circumstances of the death of Ms Kelly Fitzgerald, is to attend the "in committee" meeting on Monday.
The report, Kelly a Child is Dead, was completed by the inquiry team on November 3rd and forwarded to Mr Hannan. At two board meetings since then, he said he was seeking legal advice on possible implications if it was published. Earlier this week, he told the board he wished to have it published subject to legal clearance. He also stressed it was the Western Health Board's report and not the Department of Health's.
It is understood that a representative of the board's solicitors, Mr Padhraic Harris and Company, will be at the Galway meeting with Mr Gerard Durcan SC where they will consider an extensive legal report on publishing the report, along with the report itself.
Board members have received detailed legal reports on the issue of publishing the inquiry report before Monday's meeting. The Irish Times understands the board is to consider sending the report to the Minister for Health, Mr Noonan. All child care staff and other relevant staff working for the board are likely to receive a copy.
Mr Noonan said this week he was aware of public concern about the failure to publish the report. In general, he favoured the publication of such reports. But he would not advocate this if it was going to hinder any legal action that might be taken in the light of the report's findings or if it exposed the board to civil liability.