Hearing this week on IBTS suspension

A dispute in the Irish Blood Transfusion Service arising from the placing of its regional director on administrative leave and the subsequent suspension of its chief executive officer will be aired before the High Court later this week.

The CEO, Mr Martin Hynes, was suspended by the IBTS board after his decision on June 6th requiring the regional director, Dr Joan Power, to take administrative leave. His decision had followed her handling of a request from Dr William Murphy, the IBTS national medical director, for details on a number of former donors of the service.

On June 12th the board overturned Mr Hynes's decision on Dr Power's leave. Mr Hynes himself was suspended with effect from June 23rd.

On June 24th Mr Hynes applied for, and secured, an interim High Court order revoking his suspension and restraining the board from appointing any other person to his position. The board was also restrained from undertaking any further hearing of complaints by the board chairman, Mr Michael McLoone, relating to Mr Hynes.

In court yesterday Mr Brian O'Moore SC, for Mr Hynes, said the IBTS had had 48 hours from June 24th to seek to discharge the order but had not sought to do so. Last Friday his side had received two affidavits, one from Mr McLoone and another from Dr Mary Horgan, and required time to reply to these.

The matter was urgent for both sides, and he was anxious to have his application for an interlocutory injunction (an injunction continuing pending the determination of the full legal proceedings) heard this week, counsel added. In the interim, he wanted the June 24th order continued.

Mr Paul Gardiner SC, with Mr Roddy Horan, for the IBTS, said his side was also anxious for an early hearing. It had particular difficulty with that part of the court order which revoked the suspension of Mr Hynes.

The board had intended that the complaints relating to Mr Hynes would be dealt with on July 10th. There had been no decision to terminate his employment. He was suspended, and the intention had been to have a hearing.

He added that it had been represented that Dr Power had refused to release certain records when that was factually incorrect. He said media reports had indicated that Dr Power had concealed the records in some way, but Dr Power had made the documents available to a member of the board in circumstances where they were available to the chairman. The information in the records was already well known, he added.

Mr O'Moore said there was no misleading of the court by his side. Mr Hynes's affidavit had said Dr Power had made the records available to the chairman, and the latter had agreed to the issue being dealt with by Mr Hynes.

Mr Justice Smyth said he recognised the matter was sensitive and important. He listed the case for mention today with a view to fixing a date for hearing of the interlocutory application later this week. In the interim, he directed that the temporary order should continue.