An assertion by a former chief medical consultant of the Blood Transfusion Service Board that he held his position in name only and was not responsible for decision-making on the safety of blood products during his two years in office was challenged at the tribunal.
Minutes of a board meeting of the BTSB in February 1986, the month after Dr Vincent Barry took up his post, were opened to the tribunal. They noted that authority had been received from the Department of Health to fill "the vacant position" created by his departure from Cork, where he had been regional director of the BTSB, to the board's headquarters in Dublin. The minutes recorded that the vacant position would be advertised.
Mr Charles Meenan SC, counsel for Dr Terry Walsh, a consultant haematologist at Pelican House who succeeded Dr Barry as chief medical consultant in January 1988, suggested to Dr Barry that he could not have assumed the role of chief medical consultant in name only if his previous post was being advertised. Dr Barry said the note in the minutes was new to him. As far as he knew, his post in Cork was never advertised.
He reiterated he was only a "caretaker" of the position of chief medical consultant until somebody was appointed. He continued doing the job of Cork regional director and assumed he would only be "holding the fort" for three or four months.
Dr Barry agreed with Mr Meenan he was the only BTSB doctor with access to board meetings where policy matters, including the choice of blood products to be used and their safety, were discussed, but said he didn't influence policy matters really. He said he spent most of his time in the BTSB's Cork centre, where he had "a hellish commitment", and travelled to Dublin for board meetings.
Mr Meenan suggested to Dr Barry that the appropriate thing for him to do when he wanted to return to Cork, and when he knew little, on his own admission, about blood products, was to resign as chief medical consultant, especially when he reached retirement age in July 1987. "I would have liked to do that but I was asked to stay on. I was pleasing the board," he replied.
Counsel asked if he was satisfied he was fulfilling his role as chief medical consultant at that stage. Dr Barry said he wasn't. Mr Meenan said other documents also suggested he could not have been chief medical consultant in name only. His name was on BTSB headed notepaper as chief medical consultant and he was recorded in the minutes of board meetings as presenting regular reports to the board.
Dr Barry said he did not recall his name being on the notepaper. He prepared monthly reports from the Cork centre but said the board's, CEO, Mr Ted Keyes, reported to the board on the activities at Pelican House.