The Secretary General of the Department of Health told the High Court yesterday he had "no problem" with an official in the Department over a conflict between evidence given by her and himself to the hepatitis C tribunal.
Mr Jerry O'Dwyer said he and Ms Dolores Moran, an assistant principal officer who worked in the Blood Policy Division of the Department up to July or August 1997, had given evidence to the tribunal in January 1997 to the best of their recollection.
The evidence related to when the May 1991 decision by the Department of Health - that blood screening was to be carried out by the Blood Transfusion Service Board - was communicated to the board. Mr O'Dwyer had told the tribunal the decision was informally communicated at a meeting in June 1991 attended by Ms Moran, among others, and that it was formally sent to the board in late September/early October 1991. But Ms Moran had said the decision was formally communicated only in September 1991.
Mr Hugh O'Neill SC, for Ms Moran, said the tribunal had criticised the Department for not putting screening in place in early 1991. In that context, the fact the decision on screening was reached at the end of May but not communicated to the BTSB until September was "critical".
Mr O'Dwyer accepted that, having regard to what the tribunal decided in its report, it had accepted the evidence of Ms Moran and had found there was no informal notification given to the BTSB in June 1991 of the decision to approve blood screening.
He had "no problem" with what Ms Moran had said and believed she believed what she said as he had believed what he said. He accepted, given the tribunal's report, there was no basis for criticism of Ms Moran's evidence.
Mr O'Dwyer was being cross-examined on the fifth day of an application by Ms Moran, of Temple Road, Dartry, Co Dublin, for an order directing that she be appointed to a post of principal officer in the Department of Health.
In judicial review proceedings against the Ministers for Health and Finance, she claims entitlement to that position on foot of an agreement with Mr O'Dwyer of December 23rd, 1996. She has alleged she was passed over for promotion because of personal animus against her by Mr O'Dwyer arising from the conflict between their evidence to the hepatitis C tribunal.
The respondents have denied the claims and Mr O'Dwyer has denied reaching any agreement with Ms Moran on December 23rd, 1996 to appoint her to a substantive PO post or that he had personal animus against her.
Evidence in the case before the President of the High Court, Mr Justice Morris, concluded yesterday after which Ms Fidelma Macken SC opened closing submissions on behalf of Ms Moran.
Submissions continue today.