An official in the Department of Health told the High Court she believes the failure to promote her was due to "personal animus" against her by the secretary-general of the Department, related to a conflict between the evidence given by both to the hepatitis C tribunal.
Ms Dolores Moran, an assistant principal officer, was attached to the Blood Policy Unit with responsibility for hepatitis C issues from February 1994 until August 1997.
Evidence given by Ms Moran to the tribunal in January 1997 conflicted with that of the secretary-general of the Department, Mr Jerry O'Dwyer, causing embarrassment to the Department and to Mr O'Dwyer himself, Mr Hugh O'Neill SC, for Ms Moran, said.
Counsel said Mr O'Dwyer had told his client in December 1996 she would be appointed acting-up principal officer (AUPO) and this would lead to her appointment as principal officer (PO).
But in January 1997 there was a conflict of evidence given by Ms Moran and Mr O'Dwyer to the tribunal, counsel said. The Department had agreed in May 1991 to authorise the BTSB to carry out blood screenings, but the board was not told of that decision for three months. In the circumstances the delay was the subject of severe criticism at the tribunal.
Mr O'Dwyer had told the tribunal that as soon as the decision was reached in May 1991 it was informally communicated to the BTSB at a meeting attended by, among others, Ms Moran. However, her recollection was different, and she had told the tribunal the decision was neither formally nor informally communicated to the board until September 1991.
Mr O'Neill said Ms Moran's appointment as AUPO should have taken place in January 1997. She was appointed in March 1997 and payment was backdated to January. She had yet to be appointed PO and had felt that she had to seek a transfer from the Blood Policy Division.
In proceedings against the Minister for Health and Children and the Minister for Finance, Ms Moran, of Dartry, Dublin, has applied for an order directing that she be appointed PO on foot of an agreement which she claims was entered into on December 23rd, 1996.
She claims that agreement has not been honoured and that the secretary-general of the Department does not intend to honour it.
The defendants deny the claims. They deny the alleged agreement and plead, if such an agreement was entered into, that it is not enforceable in law. They say Ms Moran does not have a legitimate expectation of being appointed a PO and deny allegations that they acted unreasonably or unlawfully.
They also deny that the failure to appoint Ms Moran to the post of PO to date derives from her testimony to the tribunal.
Opening the case, Mr O'Neill said representations by Ms Moran's immediate superior, Mr Devitt, for her promotion to PO had been made to Mr O'Dwyer in 1996, but were "not getting far", and this led to friction between the two men. Ms Moran had suggested she talk to Mr O'Dwyer herself and met him in December 1996.
Counsel said Mr O'Dwyer had suggested he make an ex-gratia merit payment to her, but she was more concerned with her career.
He said Mr O'Dwyer had told Ms Moran he would appoint her as an AUPO from January 1997 which was a recognised interim post, prior to an appointment as PO. Ms Moran had asked if it was necessary for the matter to go to the Management Advisory Committee which dealt with promotions, and Mr O'Dwyer had told her it was not. At that time Mr O'Dwyer had approval from the Department of Finance for the creation of a new post of AUPO in the Blood Policy Division.
In January 1997 Mr O'Dwyer and Ms Moran both gave evidence to the hepatitis C tribunal, and there was a conflict between them. This caused a "cooling off" by Mr O'Dwyer in his relationship with Ms Moran.
Although she had been made an AUPO last January, she had not been appointed a PO while others, who were appointed AUPOs a month later, had been elevated to the higher rank, counsel said.
The Department of Finance had also approved her appointment to a PO position in July 1997, he said.
Lengthy affidavits from Ms Moran, Mr Jerry O'Dwyer, secretary-general of the Department of Health, and Mr Donal Devitt, assistant secretary in the Department, were read to the court yesterday.
In his affidavit, Mr O'Dwyer denies he reached any agreement on December 23rd, 1996, with Ms Moran regarding her promotion.
He also said it was not the function of an APO, or the secretary, to reach "agreements" regarding promotions.
He said he had explained to Ms Moran there were limits to his authority as secretary, and there was a well-established process for the making of promotions.
He had told Ms Moran he would do everything to recognise her position and would work to acknowledge her contribution through accelerated promotion.
Mr O'Dwyer said it was also "entirely untrue and without foundation to suggest I bear any personal animus towards Ms Moran as a result of the evidence she gave to the hepatitis C tribunal or otherwise".
"I believe that officers of the Department who gave evidence to the tribunal did so truthfully to the best of their recall and that, insofar as any conflict arose, I did not and do not see it as grounds for anything other than mutual respect for each other's commitment to help the tribunal establish the relevant facts."
The hearing before the President of the High Court, Mr Justice Morris, continues today.