Official's claim she was passed over rejected

The High Court yesterday rejected a claim by a Department of Health official that she was passed over for promotion due to malice from the Department Secretary-General arising from a conflict between their evidence to the hepatitis C tribunal.

The High Court President, Mr Justice Morris, accepted the evidence of the secretary-general, Mr Jerry O'Dwyer, that at all stages he was willing to assist in achieving promotion to a principal officer post for Ms Dolores Moran, who is an assistant principal officer.

The judge rejected Ms Moran's claim Mr O'Dwyer had given a binding commitment to promote her or that the failure to promote her was motivated by malice.

The judge did find Mr O'Dwyer made a commitment, at a meeting with Ms Moran on December 23rd, 1996, to arrange for an allowance to be paid to her in January 1997 to elevate her to the post of "Acting Up" principal officer (AUPO).

Ms Moran had claimed that commitment placed her on the ladder to promotion and, accordingly, she should have been, but was not, promoted to a PO post when two vacancies arose in June 1997. Mr Justice Morris did not accept that aspect of her claim.

Following the decision, Mr Hugh O'Neill SC, for Ms Moran, asked for a declaration there was an agreement to appoint Ms Moran to an AUPO post from January 1997. Refusing, Mr Justice Morris said it might well be Ms Moran had rights arising from his findings on that particular matter but that particular relief had not been sought in the proceedings.

Ms Bernadette Cronin SC, for the Ministers for Health and Finance, asked for the costs of the hearing. But Mr Justice Morris asked if she was really pressing that, and added he proposed to make no order for costs unless the Ministers felt strongly about the matter. He granted liberty to mention the issue.

After the judgment, Ms Moran, of Temple Road, Dartry, Co Dublin, said she believes she has a future in the Department of Health. She added that her lawyers would study the judgment with a view to seeing what further legal steps could be taken.

In judicial review proceedings taken against the Ministers for Health and Finance, heard over six days at the High Court last month, Ms Moran had challenged the failure to promote her and sought a number of orders, including an order directing her appointment to a PO post.

The court heard Ms Moran worked in the Blood Policy Division of the Department of Health from February 1994 to August 1997 and had responsibility for all hepatitis-C related issues. She sought a transfer from the BPD in July 1997 following the failure to promote her and is now in the women's health section where she claims she is doing clerical work not in accordance with her status.

Delivering his reserved judgment yesterday, Mr Justice Morris said Ms Moran claimed that, at a meeting with Mr O'Dwyer on December 23rd, 1996, an agreement was reached under which he was to do two separate things.

Mr Justice Morris said he had no doubt the first part of that agreement - payment of an allowance to Ms Moran in January 1997, to elevate her to the status of an AUPO - was made between the parties.

However, the judge rejected the claim the second part of the agreement was that Mr O'Dwyer agreed Ms Moran would be appointed to the next substantive PO post ranking in priority to those officers (if any) already getting an AUPO allowance.

The judge said he believed the arrangement was that Ms Moran would take her place on the ladder of promotion as from January 1st 1997 and in the ordinary way, promotion would follow.

He believed Ms Moran was fully aware at all stages the road to promotion to PO was via the Department's Management Advisory Committee (MAC). He was also satisfied Mr O'Dwyer made realistic efforts at an MAC meeting of July 7th, 1997, to further Ms Moran's promotion.

The judge also rejected a claim by Ms Moran that a PO post for the Blood Policy Division, approved by the Department of Finance in June 1997, was created specifically for her and this cleared the way for Mr O'Dwyer to appoint her without approaching the MAC.

He accepted the evidence of Mr Paul Barron, acting director of the Department of Health, that Mr O'Dwyer had promoted Ms Moran's cause but that Ms Moran's promotion was not approved at an MAC meeting in July 1997.