A challenge to a decision to locate the main midlands cancer services in Tullamore rather than Portlaoise has been taken by the Laois-Offaly Fine Gael TD, Mr Charles Flanagan, at the High Court.
Mr Flanagan wants a September 17th, 1998 decision of the Midland Health Board to sanction provision of the main cancer services in the region in Tullamore rather than Portlaoise to be quashed.
He claims the board's September decision purported to reverse an earlier resolution in April 1998 which adopted a consultants' report on the development of cancer services in the region and a pathology services report subject to amendments. Mr John B. Peart SC, for Mr Flanagan, said the April decision effectively meant the board's main cancer services would be located in Portlaoise General Hospital, whereas the September meeting purported to relocate these to Tullamore General Hospital.
Mr Flanagan is seeking a declaration that the April decision is legally binding and the board should not have to refer such a decision either to the Minister for Health or the National Cancer Strategy Forum for sanction.
Opposing the application, the Midlands Health Board denies it breached its own rules or procedures and pleads it acted in a manner compatible with law at all times.
MHB CEO Mr Denis J Doherty said 24 of the 30 members attended the September board meeting. After standing orders were suspended, it was unanimously agreed to adopt the recommendations contained in the original expert reports without any amendments, he said.
Mr Donal O'Donnell SC, for the board, said Mr Flanagan had acted with delay and lack of promptness in this action. There was no subterfuge involved at the September meeting.
The hearing continues today.