Barry agrees his job `simply was not being done'

Theoretically, he may have had responsibility for product safety in the Blood Transfusion Service Board in the years 1986-87, …

Theoretically, he may have had responsibility for product safety in the Blood Transfusion Service Board in the years 1986-87, but in practice it rested elsewhere - this was the essence of the evidence completed yesterday by Dr Vincent Barry (78), the board's former chief medical consultant, on his third day in the witness box.

As a defence it was credible enough, given the seemingly interim nature of his appointment, although the case was somewhat weakened after yesterday's cross-examination by Mr Charles Meenan SC, representing Dr Terry Walsh, who succeeded Dr Barry in January 1988.

In light of documentation showing Dr Barry giving monthly medical reports to the board, he accepted that he played an "active role", albeit a less than comprehensive one, as chief consultant.

He accepted, furthermore, that his name and title appeared on the letter-heading of BTSB stationary, indicating he was the person to contact within the board on medical matters.

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More importantly, Dr Barry agreed that he was the only doctor within the BTSB in a position to influence policies on product safety as well as the official to whom consultants like Dr Walsh reported. As a result, Dr Barry agreed that the job he was appointed to do "simply was not being done" and, consequently, the BTSB's medical staff were "cut adrift" from decision-making.

According to Dr Barry, Mr Ted Keyes - who headed the BTSB's administrative side after Dr Jack O'Riordan retired in December 1985 - extended his duties at Pelican House in 1986 and 1987 into medical matters normally reserved for the board's consultants. He said Mr Keyes was the author of medical reports submitted to the board, and assumed overall responsibility for advising the board on the safety of blood products, albeit only after consultation with technical and medical staff.

Dr Barry, who was based in Cork, reiterated that while he held the post of chief medical consultant during 1986-1987, it was "in name only". In practice he had only a minor input in the area of product safety, the expertise for which, he said, rested with Dublin-based consultants Dr Terry Walsh and Dr James Wilkinson, who retired from the board on March 31st 1986. They, along with the board's technical staff, would have offered advice to Mr Keyes who would have subsequently made decisions.

In an indication of the direction Dr Walsh's evidence to the tribunal will go, Mr Meenan suggested that Mr Keyes was the person who filled the void left by Dr Barry. A number of documents were cited showing Mr Keyes advising the board on medical matters in Dr Barry's absence.

Mr Meenan suggested, furthermore, that in those instances where Dr Walsh had acted on product safety - for instance, in seeking the withdrawal of potentially infected factor 9 - it was done without authorisation and because no one else on the medical side was doing anything. It was "just as well" Dr Walsh had acted under the circumstances, said Mr Meenan.

Dr Barry agreed the set-up was less than satisfactory. However, he said, "that was the policy" at the time.

From the evidence, the organisational structure of the BTSB was confused after Dr O'Riordan retired as national director in December 1985. Dr O'Riordan had headed up both the administrative and medical branches of the board and when he left the new posts of chief executive officer and chief medical consultant were created.

Both, however, had undefined functions, and, under the circumstances, the HIV and hepatitis C crises could not have come at a worse time.

Dr Walsh is to begin his evidence today. He will be followed in the witness box by Mr Keyes.