Extra work by BTSB staff "not in breach of contract"

THE Blood Transfusion Service Board said yesterday that two of its employees, who are working with its former chief medical officer for a blood testing service in the private sector, were not in conflict with the BTSB's operations.

The two laboratory technicians "are not in breach of their contract", nor was there any restriction in the severance package given to the consultant blood specialist, Dr Terry Walsh, which would prevent him providing a blood and tissue typing service used in parentage testing, a BTSB spokesman said.

This service was, however, once provided by the BTSB. It has been confirmed that it was transferred to a private sector company and the BTSB has no longer any involvement in such a service.

However, Mr Brian Cowen, Fianna Fail spokesman on health, said the BTSB must clarify fully the role its staff members have in assisting the former chief medical officer. "The parentage service was transferred out of the BTSB some years ago. It must make clear if it has any role in deciding who does this work and the terms on which it was transferred."

There was also an onus on the Minister for Health to outline the terms of the "golden handshake" to Dr Walsh in 1995 and to state whether this made any provision for future work "or put any conditions on Dr Walsh's future roles".

Dr Walsh, who was severely criticised in the hepatitis C tribunal report, has been providing the DNA blood testing service in Ireland on behalf of Cellmark Diagnostics, a British company, from a clinic in Dublin. The company has similar services in Cork and Galway. He was not available for comment yesterday.

The Progressive Democrats' spokeswoman on health, Ms Cathy Honan, said that in view of Dr Walsh's working in blood testing again and "heavy criticism" of him in the hepatitis C tribunal report, details of his severance package should be clarified.

Dr Walsh's involvement in a private company was not a matter for the BTSB, its spokesman said. It was not in conflict with its services and the two BTSB employees were involved "during their spare time". He understood the two were directors of a company with Dr Walsh.

Conditions of employment for the two prevented them from involvement in anything affecting their daily routine, or which was in conflict with any services provided by the BTSB. In addition, they cannot use resources or materials belonging to the BTSB.

Contrary to a report in the Sunday Independent, the BTSB had not "approved" their involvement in the company, but "is aware of it and believes it is not in conflict with the BTSB".

Ms Honan said the Minister for Health, Mr Noonan, must clarify the terms of the severance deal with Dr Walsh in the light of the former BTSB consultant's current work and the involvement of BTSB employees.

She added: "Why spend so much money on a settlement with an employee if he remains free to practise and to have the support of his previous staff in his new enterprise?"

In a 1996-97 medical directory, Ms Honan noted, the BTSB was listed as providing "paternity, blood and tissue testing", which was one of the services being provided by Dr Walsh, and yet the BTSB had claimed this service was relocated six years ago. This "conflict of facts" should be clarified by the Minister, she said.