The Department of Health is to ask the High Court to set aside an injunction granted earlier this year to a surgeon suspended from Cavan General Hospital. Eithne Donnellan, Health Correspondent, reports.
Mr William Joyce secured the injunction in July restraining a ministerial-appointed committee from resuming its inquiry into his conduct. Mr Joyce had complained that the committee chairman, Mr Andrew Bradley SC, "smelt of alcohol" during several committee hearings and had gone missing for three days.
Mr Justice O'Neill said he was satisfied there was an erosion of Mr Joyce's confidence in the capacity of the chairman to bring the committee's proceedings to a competent and fair conclusion.
Mr James Connolly SC, for the Minister and the committee, had claimed Mr Joyce's application was premature and that other committee members had expressed confidence in Mr Bradley.
When the matter came before Mr Justice Kelly yesterday, Mr Tom Mallon, for the Department, said it was seeking to have the earlier High Court order set aside. Mr Peter Finlay, for Mr Joyce, said he had no objection.
Mr Joyce, who is seeking damages for loss of earnings, reputation and career due to the alleged failure of the ministerial committee to follow fair procedures, was suspended in August 2003 with another surgeon, Mr Pawan Rajpal, over what were termed "interpersonal difficulties". Mr Rajpal is seeking to have his suspension lifted in the Supreme Court.