Civil servant denies going out of her way to find controversy

The Department of Health official who says she was passed over for promotion because of "personal animus" against her from the secretary-general of the Department yesterday denied that she and other officials were going "to pains" to find controversy in Departmental matters "where there was none".

Ms Dolores Moran, an assistant principal officer (APO), told the High Court she believed that, in December 1996, the intentions of the secretary-general, Mr Jerry O'Dwyer, regarding her promotion to principal officer (PO) were "good". However, after she gave evidence to the Hepatitis C Tribunal in January 1997, which conflicted with evidence given by Mr O'Dwyer, she believed that, from then on, Mr O'Dwyer was resiling from an agreement which she alleges he made with her on December 23rd, 1996.

Mr Feichin McDonagh, cross-examining Ms Moran on behalf of the Ministers for Health and Finance, said that allegation was "completely denied" in affidavits. Ms Moran said she was standing over her allegations of duplicity on the part of Mr O'Dwyer regarding her promotion to PO. She believed Mr O'Dwyer regarded her as fit for promotion but did not want to promote her.

She denied she was very much involved in organising her own promotion. She believed she had a moral claim to a PO post.

Ms Moran, of Temple Road, Dartry, Co Dublin, accepted there were differences between affidavits signed by her in July 1997 and October 1997 for judicial review proceedings challenging the failure to promote her.

She said she had more knowledge when preparing the October affidavit and it was more detailed and up to date. She drafted that affidavit herself while the July affidavit was drafted by another based on briefing notes. She agreed she had signed both documents.

Mr McDonagh put to her that references about a phone and fax machine being removed from her locked office were not relevant and asked why these were raised. Ms Moran said the relevance was that not only had she not been appointed to a PO position but instead the Department was doing "everything possible" to make her life as miserable as possible. She had been moved to a position with clerical duties, her fax and phone were taken and there was no effort to keep private meetings of Management Advisory Committee meetings relating to her.

She denied a suggestion that she, assistant secretary Mr Donal Devitt and Mr Noel Usher were going to pains to find controversy where there was none.

The cross-examination of Ms Moran by Mr McDonagh continued yesterday, the third day of Ms Moran's judicial review proceedings.

She is seeking an order directing that she be appointed a PO on foot of an agreement which she claims was entered into by Mr O'Dwyer on December 23rd, 1996.

The court has heard that Ms Moran was working in the blood policy division of the Department up to July or August 1997 when she was transferred, on request, to the women's health unit. Reporting to Mr Devitt, she was responsible for all hepatitis C-related issues.

The respondents deny her claim that she was not promoted to PO because of alleged personal animus against her by Mr O'Dwyer arising from a conflict between the evidence given by both to the hepatitis C tribunal in January 1997.

Mr O'Dwyer has denied he reached any particular agreement with Ms Moran on December 23rd, 1996 that she would be appointed to any particular position in the Department. He said in an affidavit he did authorise a payment for Ms Moran out of the merit awards scheme in the Department and had said he would work to accelerate her promotion. He said there was a well-established system of promotion within the Department agreed with the Association of Higher Civil Servants.

Mr O'Dwyer also stated it was entirely untrue to suggest Ms Moran was the subject of a campaign of victimisation within the Department. He said he had sought at all times to deal fairly with Ms Moran in relation to her responsibilities.

The case continues today.