Hynes compensated, to quit in IBTS settlement

The dispute between the Irish Blood Transfusion Service and its chief executive officer, Mr Martin Hynes, has been settled on…

The dispute between the Irish Blood Transfusion Service and its chief executive officer, Mr Martin Hynes, has been settled on terms which include that he will stand down as CEO on October 31st, the High Court was told yesterday.

Mr Hynes is to receive almost €250,000 in compensation, including a contribution to legal fees.

Outside the court yesterday, Mr Hynes said he was "very happy" and "satisfied" with the settlement.

He said that the IBTS had progressed greatly in the last few years with increasing numbers of donors and state-of-the-art facilities. He particularly urged people to continue donating blood.

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"I and other individuals are not important. The people in the hospital beds who need blood are the most important. I'm a donor myself and I hope people continue to donate blood." He added he wished the service "the very best".

Asked would the forthcoming inquiry into issues surrounding the notification of some 28 blood donors that they were infected with hepatitis C "vindicate" him, Mr Hynes said he was very happy that inquiry was happening but would not prejudge its outcome.

He said he would move on to other things after October. He was leaving a lot of good friends behind and wished the IBTS well.

Mr Hynes (58), of Pebble Hill, Maynooth, Co Kildare, was suspended by the IBTS board from his post as CEO on June 23rd.

His suspension arose from the board's dissatisfaction with his decision to place Dr Joan Power, IBTS regional director, on administrative leave.

Mr Hynes had made this decision over Dr Power's handling of a request from IBTS national medical director Dr William Murphy for information about the 28 donors.

On June 24th Mr Hynes secured an interim High Court order revoking his suspension. He argued that the suspension was unfair and unlawful and that there was "bad faith" by the IBTS chairman, Mr Michael McLoone.

He alleged that Mr McLoone had deliberately not informed the board on June 20th of a request from the Minister for Health to bring to the board's attention matters relating to the notification of certain donors and former donors - notwithstanding the relevance of the Minister's request to Mr Hynes's decision requiring Dr Power to take administrative leave.

The interim order was continued to yesterday, when Mr Hynes's application for an interlocutory order (one continuing to the full hearing of the action) was due to be heard.

Affidavits opposing the continuation of the order had been filed by Mr McLoone and Dr Mary Horgan, another member of the IBTS board, but these had not been opened in court. However, they were made available to Mr Justice Smyth.

When the case came before Mr Justice Smyth again yesterday, Mr Brian O'Moore SC, for Mr Hynes, said he was delighted to tell the court the dispute had been resolved.

Counsel said Mr Hynes was to stand down as CEO on October 31st, and that a suitable payment would be made to him in recognition of his valuable and dedicated services to the IBTS. The IBTS would also pay a sum in relation to his legal costs. As a result, the only order required was for the proceedings to be struck out.

Mr Paul Gardiner SC, for the IBTS, said he agreed to that.

Mr Justice Smyth said he was glad the matter was resolved. Noting that he had read the legal documents, he remarked there were "broken lives in the background here" and that "benign efficacies of concealment" did not find any echo for the public in this situation.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times