State to pay costs of NMH’s successful challenge to inquiry

The State has agreed to pay the costs of a case in which the High Court halted an inquiry into patient health and welfare at the National Maternity Hospital (NMH) in Dublin.

The case, heard over five days, arose after the NMH objected to a direction by Minister for Health Simon Harris, that an inquiry be held following the death in May 2016 of Malak Thawley (34) during surgery for an ectopic pregnancy at the hospital at Holles Street.

Last month, Mr Justice Charles Meenan said it was irrational and unreasonable for the Minister to direct such an investigation into what happened atHolles Street when such practices being investigated existed, without the Minister's intervention, in many other hospitals across the health service.

He found the Minister, before ordering his inquiry, had not properly considered the findings and recommendations of three other reports - a coroner's Inquest, an internal NMH inquiry and a further Health Service Executive inquiry.

Mr Justice Meenan was told by Imogen McGrath, for the hospital, that agreement had been reached on the issue of costs. She also asked the judge to make a formal order quashing the Minister’s decision to direct a statutory inquiry be held and a declaration that decision was outside his powers.