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Stephen Donnelly sought advice on whether State could take over children’s hospitals in Dublin

Legal advice was that such intervention could only take place if independent review identified serious governance or other failings

There has been concern in Government over a number of issues involving Children's Health Ireland, including preparations for taking over the new €2 billion National Children’s Hospital (above) in Dublin. Photograph: Brian Lawless/PA Wire
There has been concern in Government over a number of issues involving Children's Health Ireland, including preparations for taking over the new €2 billion National Children’s Hospital (above) in Dublin. Photograph: Brian Lawless/PA Wire

Minister for Health Stephen Donnelly sought legal advice earlier this year on whether the State had powers to take over the running of children’s hospital services in Dublin.

Any such move would prove hugely controversial in the voluntary healthcare sector, which although funded largely by the exchequer, has traditionally fiercely guarded its independence.

Paediatric services in Crumlin, Temple Street and Tallaght hospitals, as well as at the urgent care centre at Connolly Hospital in Blanchardstown, are run by Children’s Health Ireland (CHI), which has its own management and governing board.

However, there has been concern in Government over a number of issues involving CHI, including waiting times for surgery for scoliosis patients; how €19 million in funding authorised by the Minister was spent; delays in the appointment of a new chief executive; and preparations for taking over the new €2 billion National Children’s Hospital.

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It is understood that the Minister sought legal advice on the powers available if the State considered it had to take over the operation of children’s services.

It is understood the legal advice was that such a direct intervention could only take place if an independent review identified serious governance or other failings.

Before the Minister had sought the legal advice, such an independent review was last year commissioned into the governance and oversight of processes within the organisation on the use of surgical implants/implantable medical devices during some operations carried out at Temple Street.

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This investigation is being carried out by the Health Information Quality Authority (Hiqa), while a separate review of elements of paediatric orthopaedic surgery is being undertaken for the HSE by a UK medical expert.

Meanwhile, a separate HSE internal audit report into the spending of €19 million allocated by Government to tackle spinal and other orthopaedic waiting lists at Temple Street is expected to be published within the next few days.

Mr Donnelly maintained in the Seanad in July that the funds had been used “more broadly” and not in the manner he had intended.

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It is understood that the audit report will find that there was no misappropriation, but that the money had not always prioritised the group of children intended.

It is expected that the report will also point to delays in putting in place additional capacity – both staffing and capital – and say this held up the provision of much-needed services.

However, it is believed the audit will also say that doctors have noted improvements in services in recent months.

Martin Wall

Martin Wall

Martin Wall is the former Washington Correspondent of The Irish Times. He was previously industry correspondent