O'Dwyer accused of dismissing problems of hepatitis C crisis

The secretary-general of the Department of Health, Mr Jerry O'Dwyer, was "unable or unwilling to comprehend the scale and depth of the hepatitis C crisis which emerged in February 1994", an assistant secretary of the Department has claimed at the High Court.

"Mr O'Dwyer's general attitude was that the problems would go away if he dismissed or ignored them," Mr Donal Devitt claimed in an affidavit.

In particular, Mr O'Dwyer "did not accept my analysis of the serious staffing and other implications for the Department of Health to ensure that all complex issues arising from the crisis were dealt with by the Department in a comprehensive, equitable and efficient manner," Mr Devitt said.

As a result, Ms Dolores Moran, an assistant principal officer in the Blood Policy Division of the Department, with responsibility for hepatitis C issues, "because of inadequate support" worked on average a 65-hour week, including most weekends, to ensure the level and quality of service.

Mr Devitt said Mr O'Dwyer's statement, made in another affidavit, that he had given the BPD "every possible support and encouragement", was "seriously misrepresenting the role he played".

It was only after the establishment of the tribunal of inquiry into the Blood Transfusion Service Board "that Mr O'Dwyer began to take seriously what I had been consistently impressing upon him during the years 1995 and 1996 about the necessity to provide adequate resources for the BPD".

Mr O'Dwyer had "flagrantly breached" an agreement of December 23rd, 1996, to promote Ms Moran, said Mr Devitt, whose position included overall responsibility for all hepatitis C-related issues from February 1994 to July 1997.

Ms Moran was an exemplary officer and he had sought on several occasions in 1996 for her to be promoted to principal officer.

He said Mr O'Dwyer made many commitments regarding the promotion of Ms Moran, but this never materialised. In the affidavit, Mr Devitt said Mr O'Dwyer had engaged in "a litany of untruths and deceptions" in his relations with Ms Moran.

The affidavit was read to the court on the second day of judicial review proceedings taken by Ms Moran, of Temple Road, Dartry, against the Ministers for Finance and Health.

She is seeking an order directing that she be appointed a principal officer on foot of an agreement which she claims was entered into on December 23rd, 1996.

The respondents deny the claims. In an affidavit, Mr O'Dwyer denied there was any such agreement on December 23rd, 1996, and said there was a well-established process within the Department regarding promotions, and it was not his function to reach "agreements" regarding these.

Mr O'Dwyer also rejected a claim by Ms Moran that he bore an animus towards her as a result of evidence she gave to the hepatitis C tribunal which conflicted with his evidence. In his evidence to the tribunal, Mr O'Dwyer had said that as soon as the Department's decision to authorise the BTSB to carry out blood screenings was reached in May 1991, it was informally communicated to the BTSB at a meeting attended by, among others, Ms Moran.

However, Ms Moran had told the tribunal the decision was neither informally nor formally communicated to the board until September 1991.

Affidavits from Ms Ruth Barrington, assistant secretary in the Department; Mr Frank Ahern, director of personnel management and development; Mr Paul Barron, acting director; Mr J.A. Enright, assistant secretary; and Ms Mary McLoughlin, PO at the Health Promotion Unit were read to the court yesterday on behalf of the respondents.

In his affidavit, Mr Ahern said he first heard of a move to have Ms Moran promoted to PO in July 1997 and was surprised as there were others at APO level "who were more deserving of such promotion".

He was not prepared to have Ms Moran promoted "over the heads of more deserving colleagues".

In his affidavit, Mr Enright said he believed the claims made to the effect that Ms Moran had been the subject of victimisation were "untrue and indeed without any basis in reality".

Mr Barron in his affidavit said he first became aware of the question of Ms Moran's promotion on July 7th, 1997.

He was aware that Ms Moran had an onerous brief in the BPD, but he believed other APOs had equally onerous assignments.

Affidavits from Mr Noel Usher and Mr Donal Devitt were read on behalf of Ms Moran.

In his affidavit, Mr Usher said he was personnel officer and special policy advisor to the Minister, Mr Cowen.

He said that as approval for Ms Moran's appointment to a supernumerary post of personnel officer had been obtained, her appointment would not interfere with the promotion prospects of other officers.

Cross-examination of Ms Moran by Mr Feichin McDonagh, for the Ministers, began yesterday afternoon and continues today.

Ms Moran said she did not accept a suggestion that no sanction was ever sought or granted on a formal basis for her appointment to the post of PO.