THE BAR Council will meet the Health Service Executive (HSE) on Monday next to discuss arrangements for setting up panels to represent the health agency in various areas of law.
This follows a week of confusion about contacts between the two bodies over the setting up of such panels.
Last Saturday The Irish Timespublished a statement from the HSE saying it had written a letter to all members of the Bar Council seeking expressions of interest from its members in acting for the HSE in the legal areas of child care, environmental health, constitutional law, administrative law, employment and mental health law.
Following further queries from The Irish Times, the HSE stated that, as the process had not yet been completed, it had established an interim panel to ensure continuity of service during the tendering process, due to be completed this week.
It reiterated that it had written to the Bar Council as the appropriate way of advertising such work.
The Irish Timesarticle prompted queries from barristers to the Bar Council, saying they were unaware of any tendering process.
The Bar Council confirmed on Tuesday that it had not received any letter from the HSE.
A spokesman said he was in telephone contact with the HSE about the matter.
Later that day the HSE issued a fresh statement to The Irish Times which said: “Due to an internal communications error, the HSE can confirm that it is currently still in a process of engagement with the Bar Council regarding the appointment of a panel of barristers.
“The letter to members of the Bar has not yet issued but this is expected to happen shortly, once our engagement with the Bar Council is completed.”
On Wednesday the director of the Bar Council, Jerry Carroll, posted up a statement to members saying the council had written to the HSE on February 24th seeking information on steps being taken to establish a panel.
“In the interests of clarification, no letters or forms have to date been received by the Bar Council or members of the Bar,” it stated.
The Bar Council statement said the HSE had agreed to meet with the Criminal and State Bar committee of the council on Monday next to discuss the setting up of the panels.
In the meantime the status quo would prevail, it said.
The letter of February 24th to the HSE was enclosed with the notice.
It referred to steps being taken to establish a panel.
It continued: “The Committee would be interested in obtaining information from you concerning the establishment of these panels and to see whether the Committee or the Bar Council could be of any assistance to you in their establishment . . .
“As a general principle, the Bar Council and the Committee, in particular, would like to see opportunities provided to all counsel to be considered for panels of barristers established by the State or State funded bodies, such as the HSE.”
Asked if the engagement of the Bar Council in this process might be anti-competitive, Mr Carroll said that the representatives of the council would not be negotiating about money.
Mr Carroll said the representatives of the council would be discussing arrangements about the setting up of the panels and the mechanics of circulating material to all members of the Bar.