A CO Offaly nursing home, which lodged an appeal against a Health Service Executive (HSE) decision to attach conditions to its registration, wanted its appeal to be heard in camera, a court was told yesterday.
However Judge Conal Gibbons, sitting at Tullamore District Court, said he could not grant the application which had been made on behalf of Upton House Nursing Home in Clara and its owner Maureen Flanagan.
He said he had absolutely no doubt it would be “inappropriate, incorrect and unlawful” for the proceedings to be held in secret. He said the nursing home legislation was of huge interest to the public, the HSE was acting in the public interest, and “the public ought to be aware of these matters”.
If cases like this were to be held “in secret” there would have to be specific legislative provision for that, he said. When Judge Gibbons was asked at a previous sitting to hear the case in camera he sought written submissions from James Flanagan, on behalf of the home, and the HSE before coming to a decision.
Yesterday, delivering his ruling, he said the principle of having courts held in public was an important element of the administration of justice in this jurisdiction.
Details of the conditions attached to the registration of the home by the HSE last March were not revealed in court as the appeal did not ultimately go ahead. It was withdrawn by Mr Flanagan who said there was now actually no basis for it as new regulations had come into force this week.
The Health Information and Quality Authority has taken over responsibility from the HSE for registering and inspecting all nursing homes.