THE Western Health Board will not publish its report into the death of Kelly Fitzgerald. However, after a three hour private, meeting yesterday, the board circulated the document's 44 recommendations. A copy of the report has been given to the Minister for Health, Mr Noonan.
While board members accepted that there were "tragic circumstances" surrounding Kelly's death in February 1993, they decided publication could not be sanctioned because of threats of legal action against the authority by WHB staff.
The report is critical of the board's role in the case - it was found to be "naive and ineffective". The inquiry was set up after the 15 year old from Co Mayo was found to have died of septicaemia and her parents, Desmond and Susan Fitzgerald, were jailed for 18 months for wilfully neglecting her.
Yesterday's meeting heard there had been threats of legal action from two members of staff since details of the report were leaked to the Irish Independent last week and others may follow. After Mr Gerard Durcan SC, outlined legal opinion against publication, board members voted by four to one to circulate the recommendations only.
It also emerged at the meeting in Galway that the trade union Impact - which represents some health board staff interviewed during the compilation of the 235 page report - has written to the board outlining its concerns about the implications of publishing it. It is understood that the union has claimed that staff were not made aware that the report was being published.
According to board members speaking after the meeting, some senior board staff had previously written to the board on the legal implications of publishing the report.
The Irish Times also understands that the chairman of the three person inquiry team, Mr Owen Keenan, director of Barnardo's childcare organisation, has written to board and outlined in strong terms his concerns if the report is not to be published in full.
"In reaching its decision, the board considered the advice received from its legal advisers in regard to publication," WHB chief executive officer Mr Eamonn Hannan said.
"The recommendations will be considered by the board's Community Care Standing Committee and the Child Care Advisory Committee, and their deliberations will then be considered by the board."
The recommendations include: mandatory reporting of actual or suspected child abuse or neglect by health board staff, doctors, the gardai, and childcare staff.
The former minister of state for health, Mr Terry Leyden, said the way was "now open for the report to be considered under the privilege of the Dail". While he felt that it should be published, he accepted that in the light of legal advice and natural justice, the board saw fit not to publish it.
Councillor Eithne Quinn said she was "personally unhappy with the way the matter was handled and with the decision not to publish the report".
As it had been leaked, she believed there was nothing to lose by publishing it. The threat of legal action was preventing its publication, she added.