Tag Archives: National Maternity Hospital

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This afternoon.

In the Dáil.

During Leaders’ Questions.

Fianna Fáil leader Micheál Martin raised the National Maternity Hospital with Taoiseach Enda Kenny.

From their exchange:

Micheál Martin: “Can you confirm that that hospital group [St Vincent’s Hospital Group] and the Sisters of Charity will not have a majority on the board? And, above all, will you ensure that the State, the taxpayer, will own this hospital and will have its investment reflected in it? As a bottom line, given the investment it is taking?”

Enda Kenny: “Yes, I can, I can confirm that there will be complete clinical independence. I can confirm that the Sisters of Charity will not have majority of the board and, in relation of ownership, this is a matter that requires some, some consideration…”

Watch live here

Previously: How Deal Leaves Doors Open For Church Control

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Dr Peter Boylan speaking to Pat Kenny on Newstalk this morning

Further to the resignation of Dr Peter Boylan, former Master of the National Maternity Hospital at Holles Street, from the hospital’s board.

Following more than a week of claims and counter-claims concerning the running of the proposed new National Maternity Hospital on the St Vincent’s site.

And the non-publication of any memorandum of understanding or articles of association between Holles Street and St Vincent’s.

Dr Boylan spoke at length to Pat Kenny, on Newstalk this morning.

During the interview, Dr Boylan said: “the devil of this is going to be in the detail. And the memorandums and articles of association have not been, the work has not even been proceeded yet..”

He also said he hopes “the public debate will persuade [the hospital’s shareholders/governors] that it’s a very fragile deal, flawed and, inevitably, I think will cause huge conflict in the running of the hospital”.

From the interview…

Pat Kenny: “First of all, by text on Sunday, from Rhona Mahony and from Nicky Kearns, you were asked to resign. Did that matter come up as an issue, as a motion at the board meeting last evening?”

Peter Boylan: “No, it didn’t. I don’t really want to say an awful lot more about the meeting last night because I gave an agreement that it would be confidential.”

Kenny: “Yeah. But it did come up? Like there was no great move to oust you or anything like that?”

Boylan: “Well, there was no motion put to the board that my resignation should be given.”

Kenny: “I presume you can tell us what is already in the public domain that there was a vote on the issue in question. Because we know that there is a majority on the board. How big a majority was it and how comfortable of a majority and how many dissident voices might there be?”

Boylan: “The vote was overwhelming.”

Kenny: “Overwhelming.”

Boylan: “In favour of the agreement.”

Kenny: “This leaves you, probably, a bit isolated because you had initially been a lone voice although the Lord Mayor of Dublin has added his voice. And there are two separate issues at the heart of this. One is the ethical issue which you have highlighted and then the second issue is the idea of handing over €300million of taxpayers’ money to a private entity. I’ve suggested already that, you know, they wouldn’t do it to Jimmy Sheehan from the Blackrock Clinic but they have decided to give it to St Vincent’s Healthcare because they want the synergies between the two hospitals. So, addressing both of those issues. One may have been resolved between the two boards that they think they can cobble together an agreement with all the safeguards that the minister thinks he will have in a month’s time. But the other one is a more general thing about what ministers do on our behalf with our money.”

Boylan: “Yes, you made reference there that I was a lone voice. That’s correct, more or less, on the board. But I’m not a lone voice in the community, outside, to which we have a great responsibility, to the women in particular. I’m also not a lone voice in the medical profession in that the previous master of the Coombe Hospital, Chris Fitzpatrick, and the previous master of the Rotunda, Sam Coulter-Smith. They’ve both voiced serious reservations about the governance proposed structures. So with regard to the agreement itself, there is a lot of issues with it. And the major ones are transfer of ownership of the National Maternity Hospital outright, 100% to the Religious Sisters of Charity on land that they own. The company that will run the hospital will be owned outright by the Sisters of Charity.”

Kenny: “Now, last time we spoke, you talked about the structure of the National Maternity Hospital. It’s national in name.”

Boylan: “That’s correct, yes.”

Kenny: “That’s a nice conceit to maintain, you know, but in fact it is not the centre, the national centre, like the national paediatric hospital at St. James’s will be the national centre of excellence, etc, etc, ..”

Boylan: “That’s correct.”

Kenny: “There’s excellence in all of the major maternity hospitals.”

Boylan: “That’s absolutely correct.”

Kenny: “But the structure is that there’s a board of governors who are the people in whom ownership is vested. Are they happy that their ownership is being transferred lock, stock and barrel to the St Vincent’s Healthcare Group?”

Boylan: “Well, they haven’t been asked.”

Kenny: “But how can that be legal? Unless they…”

Boylan: “I don’t know about the legality of it but there is no legal document in existence on which the governors, the owners, the shareholders of the National Maternity Hospital can vote. And the devil of this is going to be in the detail. And the memorandums and articles of association have not been, the work has not even been proceeded yet…”

Kenny: “So is it your understanding that they kind of maybe did a survey of the governors, checked them out and said, ‘will you be in favour of this thing?’. And they kind of gave them the nod. Because it is bizarre that any attempt to move ownership of a resource, whatever that might be, without the consent of the vested owners, would be bizarre?”

Boylan: “It would be bizarre and it is bizarre. I think, to be fair, that it’s likely that the governors would, the shareholders of Holles Street, probably would agree to the transfer because they would be convinced by the arguments. Now, hopefully, the public debate will persuade them that it’s a very fragile deal, flawed and, inevitably, I think will cause huge conflict in the running of the hospital. It’s been said that the nuns are not going to run the hospital, that’s absolutely correct. They’re not going to run the hospital and I have never suggested that they would run the hospital but they own the hospital, they own the company that runs it and they’ve undue representation on the board.”

Later

Kenny: “So you’ve resigned with immediate effect.”

Boylan: “With immediate effect. I can’t remain a member of a board which is so blind to the consequences of its decision to transfer sole ownership of the hospital to the Religious Sisters of Charity and so deaf to the concerns of the public which it serves.”

Kenny: “You have reiterated in your letter of resignation a number of the issues that you’ve been talking about this past couple of weeks. Remind us of what they are.”

Boylan: “Well, as I said, the hospital will be on land owned by the Religious Sisters of Charity, it’ll be 100% owned by the Religious Sisters of Charity. The company tasked with running the hospital will be owned outright by the Sisters of Charity. And to believe that… any hospital that is built on land, owned by the Catholic Church, is obliged to follow Catholic teaching and canon law, medical practices and procedures. And that was clarified by Bishop Kevin Doran and also confirmed by Vincent Twomey last weekend.”

Kenny: “But didn’t one of your successors in the job of master, Declan Keane, I think, said he had performed, I think it was, a sterilisation in his private practice in St Vincent’s.”

Boylan: “No, he performed two, not in his private practice, but some women with very complicated pregnancies where the placenta, the afterbirth, is invading the uterus, will need to have a hysterectomy but sometimes you can preserve the uterus and in those circumstances the reasonable thing and what the women would wish, usually, is that they have a sterilisation…”

Kenny: “But if you could do that in St Vincent’s, does that not suggest that they…”

Boylan: “Well, he had to get permission to do that whereas…”

Kenny: “He had to ask for permission?”

Boylan: “Yes, as a matter of courtesy, from the clinical director of the hospital. So, in the National Maternity Hospital and in hospitals without religious influence, you just do it, it’s a matter between the patient and the doctor herself, as it should be.”

Listen back in full here

Yesterday: Where’s The Memorandum Of Understanding?

How Deal Leaves Doors Open For Church Control

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Clinical Director of the National Maternity Hospital Holles Street Professor Declan Keane speaking to Brian Dobson on RTE’s Six One last night

Last night.

On RTÉ’s Six One.

Clinical Director of the National Maternity Hospital Holles Street, and a former master of the hospital, Professor Declan Keane spoke to Brian Dobson about the new National Maternity Hospital.

During the interview, Prof Keane mentioned that, during his seven and a half years working at St Vincent’s Hospital, he carried out two sterilisations.

Asked if he had to get clearance from someone above him to carry out these procedures, he replied, ‘Out of courtesy, I did discuss it with the medical director at the time’.

In addition, they also spoke about the memorandum of understanding between Holles Street and St Vincent’s in regards to the new hospital. This has not been published even though it’s been a week since The Irish Times reported that the Sisters of Charity will be sole owners of the new hospital.

Prof Keane said he believed the MOU would be published soon.

Meanwhile, this afternoon, The Irish Times is reporting:

[Health Minister Simon] Harris said while there is an agreement drawn up between the National Maternity Hospital and the St Vincent’s Health Group, over the next month, a contract between St Vincent’s and the State still needs to be written up and agreed to.

Readers should note that just after the Six One interview was finished, Minister Harris published mediator Kieran Mulvey’s report on the agreement between Holles St and St. Vincent’s. Legal Coffee Drinker’s thoughts on this report can be read here.

From Six One…

Brian Dobson: “We’re joined here in studio by Professor Declan Keane who is the clinical director of Holles Street Maternity Hospital, a former master of the hospital and a member also of the executive board. Thanks very much, Professor Keane for joining us on the programme. Before we come to the issues which are still being hotly debated on all of this, can I ask you about the situation in relation to Peter Boylan, a former master, a colleague of yours. He spoke out against the agreement that was published at the end of last year. Now, it turns out, he’s been asked by the master, the current master [Rhona Mahony] and by the deputy chair [Nicholas Kearns] of the board to resign. Is that a call that’s supported by all the board members?”

Declan Keane: “Well, the board hasn’t met since that decision was made, it was taken by the deputy chair and the master, following text messages that were sent between Dr Boylan and the chair and the master on Sunday.”

Dobson: “Right. So there was no consultation with, for example, yourself. You weren’t asked whether you would support this?”

Keane: “No, I wasn’t.”

Dobson: “Should the board members have been canvassed in relation to this?”

Keane: “I think that’s something we will be discussing as a board tomorrow [today]. We will be meeting as a board to discuss that issue, amongst others.”

Dobson: “Were you satisfied that there was something within the authority of the deputy chair and the master to do off their own bat?”

Keane: “I think Dr Boylan probably sent some texts to the deputy chair on Sunday that made it very difficult for the deputy chair and the master to continue. I think it’s regrettable, I have great respect for Dr Peter Boylan as a clinician and as a colleague. But, you know, when he publicly goes against the consensus of the National Maternity Hospital, I could see the difficult position it put the chairman in.”

Dobson: “So, you support the call, do you? That he should go?”

Keane: “I think I probably would have liked more consultation on it but, as I say, and this will be discussed at greater detail when we meet as a board tomorrow.”

Dobson: “You see, I suppose, there’s a sense that he’s been got at because he’s spoken out. I mean he obviously has very sincerely held views in relation to all of this and people feel, perhaps, he should be entitled to be able to air those views.”

Keane: “I think Dr Boylan is entitled to share his views. I personally think, on this issue he’s wrong, which I think we’re going to talk about. But, as I say, and, as I say, I think it probably is regrettable that he’s been asked to resign at this point in time. But, as I say, we will be talking about this tomorrow.”

Dobson: “Ok. The central issue here is that, I suppose, the control, the governance of this new proposed hospital. And a lot of the concern arises because we’ve discovered, only in recent times, that the hospital will be owned by the St Vincent’s Healthcare Group, by the Sisters of Charity. A lot of people are scratching their heads about how that situation has arisen and what it might mean for the way the hospital operates.”

Keane: “Well, I mean, Brian, as you probably know, I mean, there was a lot of controversy last year about the clinical governance of how this new hospital is going to run. And I think there is a lot of us who’ve been involved in these discussions since 1998 who were fighting for the best deal possible for the National Maternity Hospital. Indeed, Vincent’s themselves had their own views on the matter and I think what we’ve come to, like a lot of things in life is a compromise that’s going to, that’s satisfying both sides. I have absolutely no doubt, as somebody who is also on the clinical staff at St Vincent’s Hospital that the current deal that we have is going to give us the clinical and financial autonomy that we were seeking. It also retains the mastership system which I think was critical for those of us who work in the national maternity hospital. And I’ve absolutely no doubt that the nuns will not interfere with the clinical workings in the new National Maternity Hospital on the Vincent’s site.”

Dobson: “So you would operate in both hospitals…”

Keane: “I do.”

Dobson: “And carry out the same procedures in both hospitals?”

Keane: “I..”

Dobson: “Under exactly the same regime?”

Keane: “Well, I work in St Vincent’s Hospital and have done for over seven and a half years. And I have never had any of my gynaecological practice questioned or altered by the nuns or the board in St Vincent’s.”

Dobson: “So you’ve carried out, for example, sterilisations have you? On patients in St Vincent’s?”

Keane: “I have carried out two sterilisations on patients in St Vincent’s Hospital.”

Dobson: “And do they have to be cleared? At a level above yourself?”

Keane: “Out of courtesy, I did discuss it with the medical director at the time.”

Dobson: “And you got permission, or you normally would get permission from the medical director of the hospital?”

Keane: [nods].

Dobson: Is that what applies in Holles Street? In the National Maternity Hospital? The same rules?”

Keane: “In the National Maternity Hospital, if we wish to sterilise somebody that is a decision that’s taken between the consultant and the patient.”

Dobson: “Entirely between you and your patient? The privacy of that relationship.”

Keane: “It is and that’s something Brian that we would see continuing when we move onto the new National Maternity Hospital in St Vincent’s?”

Dobson: “And is that clearly spelt out in memorandum of understanding, the terms of the agreement because, of course, that hasn’t been published. We’ve had bits of it released but we haven’t been able to see it in its totality.”

Keane: “Yeah, the memorandum of understanding, we will be able to continue doing all of the clinical work that we do in the National Maternity Hospital currently on the new site and that would include issues such as IVF, sterilisations, gender realignment surgery, all of that.”

Dobson: “You see it’s going to be a Catholic hospital, or at least, a Catholic-owned hospital and the Bishop of Elphin Kevin Doran has been saying, just in recent times, that a healthcare organisation bearing the name Catholic, while offering care to all who need it, has a special responsibility to Catholic teaching.”

Keane: “I think St Vincent’s themselves have come out with a statement, just before we’ve gone on air, that has said the new hospital will not be under any religious or ethnic authority and I’ve absolutely no doubt that that will be the case.”

Dobson: “Well, they say, they do say that in relation to all the medical procedures that are in accordance with the laws of the Republic of Ireland will be carried out in the new hospital, that’s their statement.”

Keane: “And that is exactly how we practice in the National Maternity Hospital currently.”

Dobson: “They’re not quoting, or it seems they’re not quoting from the memorandum of understanding. I mean they’re not actually pointing to a particular part of the memorandum of understanding which gives that guarantee.”

Keane: “Yeah, but, you know.”

Dobson: “Can you cite the memorandum in that regard?”

Keane: “No, I mean, I don’t have the memorandum in front of me but I do know, as I say, from the negotiations that we’ve had with St Vincent’s Hospital, really since, you know, over the last two or three years, that we have got to a point where the agreement that has been reached is that we would be allowed to practice with full clinical autonomy on the site.”

Dobson: “I suppose, you know, it’s fair enough that you would have that confidence and you wold have that understanding but, for the wider public, to share that, they’re going to see more firmer evidence. Are they not?”

Keane: “But Brian, I don’t think we would be moving onto a new campus if we didn’t have that clinical autonomy. I mean if we didn’t have it, I think we would stay put on the National Maternity Hospital as it currently stands even though it’s a building that’s not fit for purpose. We’ve always thought that the most important thing that we will have is clinical autonomy and I’ve heard nothing from St Vincent’s Hospital today that would disagree with that.”

Dobson: “But, for example, when they say the procedures, you know, which are within the law of the Republic of Ireland will be carried out, does that include now and in the future? For example, if there were to be changes in the law on abortion would those services be available in the National Maternity Hospital, as it’s envisaged?”

Keane: “Absolutely, absolutely.”

Dobson: “And where in the memorandum of understanding is that clearly spelled out?”

Keane: “Well, it’s an agreement that has been reached between ourselves and St Vincent’s. It has been overseen by lawyers on both sides. As I say, I’ve no doubt that the actual memorandum will be released, you know, quite soon.”

Dobson: “So, it’s more than an act of trust, if you like? On your part?”

Keane: “Very much more than an act of trust.”

Dobson: “And the memorandum, when it is published and released, will be able to show that?”

Keane: “I’m convinced it will be.”

Dobson: “And the concerns of Peter Boylan are unfounded?”

Keane: “I believe they are and I mean I’m saying that as somebody who works in both institutions.”

Dobson: “Well, there we leave it, Declan Keane, thank you very much for talking to us.”

Watch back in full here

Harris says State will need to sign new deal on maternity hospital (The Irish Times)

Earlier: How Deal Leaves Door Open For Church Control (Legal Coffee Drinker)

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From top: St Vincent’s Healthcare Group, owned by the Sisters of Charity order; Minister for Health Simon Harris and Master of Holles Street, Rhona Mahony with a model of the intended National Maternity Hospital.

Last night A 25-page report on the terms of agreement between the National Maternity Hospital, Holles Street and St Vincent’s Hospital Group – as written by mediator Kieran Mulvey – was published by Health Minister Simon Harris.

We asked Legal Coffee Drinkers, what’s it all about?

Broadsheet: “Legal Coffee Drinker, what’s it all about?”

Legal Coffeee Drinker: “It’s a report on the agreement (“the Agreement”) reached between the National Maternity Hospital Holles St and St Vincent’s Hospital Group regarding the new maternity hospital at Elm Park.”

Broadsheet: “According to the report, who will run the new hospital?”

LCD: “Clause 1.1 of the Agreement says that the hospital will be operated by a designated activity company called the National Maternity Hospital at Elm Park DAC (“the Hospital Company”).

Clause 4 says that the Hospital Company will in turn be run by a Board of Directors consisting of nine directors (“the Directors”) one of whom must be the Master.

Four of the Directors will be nominated by the St Vincent’s Hospital Group and another four Directors will be nominated by the National Maternity Hospital Chartered Trust.

The remaining Director will be an independent international expert in Obstetrics and Gynaecology appointed by a Selection Committee.

The composition of the Selection Committee, however, is not clearly stated, something which is particularly unfortunate given that the expert appointed by it could effectively have the casting vote on Board decisions.”

Broadsheet:
“So that’s the first point of concern? What’s the next?”

LCD:  “Clause 1.2 of the Agreement which says that the Hospital Company will be a 100% subsidiary of St Vincent’s Hospital Group.

This means that St Vincent’s Hospital Group – and not the National Maternity Hospital Chartered Trust – will own the Hospital Company.

Under company law, shareholders of a company have the ultimate control of that company, having the ability to alter the composition of the Board of Directors or the objects and scope of operation of the company by amending its incorporating documents.

The concern is that St Vincent’s Hospital Group could, down the line, use its shareholder status to change the structure of the Hospital Company from that originally set up under the Agreement, undermining its entire effect.

Clause 3 of the Agreement seeks to safeguard against this by providing that the Directors shall be entitled to exercise in an undiluted manner and in a manner designed to preserve the autonomy and clinical and operational independence of the new hospital the power to provide maternity, gynaecological, obstetrics and neo-natal services and control, utilise and protect all financial and budgetary matters as they relate to the hospital and shall also be entitled to retain the existing Mastership model, appoint the Master and other officials and agree the annual SLA with the HSE (all of which are collectively described as ‘the Reserved Powers’).

It further states that a provision shall be inserted in the incorporating documents for the Hospital Company saying that the Reserved Powers cannot be removed save with the prior written and unanimous approval of all Directors of the Board and with the consent of the Minister for Health.”

Broadsheet: “So the Directors retain independence in the performance of maternity, gynaecological, obstetrics and neo-natal services unless they all vote to relinquish this and the Minister for Health also agrees?”

LCD: “Yes.”

Broadsheet: “So that’s all right then?”

LCD: “Not necessarily. Firstly, although the reserved powers cannot be easily removed, they are powers, not obligations, given to a Board of Directors less than half of whom will be appointees by the National Maternity Hospital Chartered Trust.

The remaining members (who could potentially outvote the Trust appointees in all and any decisions relating to the hospital) consist of appointees of the St Vincent’s Hospital Trust and an international expert appointed by an as yet undefined selection committee. They are the people who will determine the extent to which the reserved powers are exercised in practice.

Secondly, the scope of the reserved powers are necessarily limited by the objects of the Hospital Company as defined in Clause 2 of the Agreement, which talks about providing

‘a range of health services in the community as heretofore’.

The words ‘as heretofore’ could potentially be relied on in the future to argue that new health services – possibly abortion, if legal, or new methods of assisted reproduction – fall outside the purposes of the hospital.

As such there are two ways in which St Vincent’s could potentially, under the Agreement, obstruct procedures in the Hospital of which they did not approve.

Firstly, they could argue, as regards procedures which were not previously carried out in Holles Street, that they fell outside the scope of the authority to carry out work ‘as heretofore’.

Secondly – and separately – they could, if supported by the international expert director, use their influence on the Board of Directors to outvote the Master and nominees of the National Maternity Hospital Chartered Trust and in this way prevent the procedures being carried out.”

Broadsheet: “What about the ‘triple lock’ referred to by Master of Holles Street Rhona Mahony?”

LCD: “The triple lock referred to by Dr Mahony locks one door by which St Vincent’s could seek to obstruct such procedures. It does not ‘lock’ the other two doors mentioned above, which are left open by the use of the words ‘as heretofore’ in Clause 2 and the failure of the Agreement to clearly define the composition of the Selection Committee which will appoint the Independent Expert.

The report on the deal states:

‘The independent international expert in Obstetrics and Gynaecology will be chosen from a list of candidates drawn up by SVHG and the NMH Trust.

They will be assessed by a Selection Committee, chaired by the SVHG Clinical Director,and the other members will include the SVHG CEO and a representative from the NMH Trust.

Any proposed nominee will be appointed by the Selection Committee after consultation with the SVHG Nominations Committee.’

Broadsheet: “So St Vincent’s could potentially use these two doors in the Agreement to control the hospital’s future activities?”

LCD: “Potentially, yes.”

Broadsheet: “One final question. Who will own the hospital if and when built?

LCD: “The owners of the ground on which the hospital is built will own the hospital. The Agreement references a ‘lien’ being put in place to protect the HSE investment. A lien is normally a security interest put in place to protect a creditor.

Presumably what is meant is that the HSE will take a charge over the hospital land for the amount of the money expended. However if, as is likely, the building will increase the value of the land to significantly more than this sum, it will be the owners of the land, rather than the HSE, who will get the profit under such an arrangement.”

Broadsheet: “Hmm.”

LCD: ‘Indeed.”

Broadsheet: “Thanks Legal Coffee Drinker.”

LCD: “Don’t mention it.”

Last Night: The Maternity Hospital Deal

Previously: Thank You, Peter Boylan

Nun So Blind

17/04/2013. Enrollment of new solicitors in Blackhall Place. Pictured is the President of the High Court, Mr Justice Nicholas Kearns, who has said the Master of the High Court has no authority to speak on behalf of the court or its judges. Mr Justice Kearns said concerns about judicial independence expressed by the Association of Judges were well founded and he hoped every effort would be made to address these concerns with a view to resolving them as soon as possible. Photo: Sasko Lazarov/Photocall Ireland

17/05/2013. Health Committee on Protection of Life during Pregnancy Bill. Dr Peter Boylan from the National Maternity Hospital, pictured arriving at Leinster House for the Health Committee hearings on the Protection of Life during Pregnancy Bill that the Fine Gael Labour Party Government plan to introduce. Photo: Laura Hutton/Photocall Ireland

From top: National Maternity Hospital chairman Nicholas Kearns; Dr Peter Boylan

A spokesperson from the hospital has clarified the reason Dr Boylan was asked by text to stand down from the board is that that is the means by which he chose to communicate on Sunday with the Deputy Chairman and the Master of the National Maternity Hospital.

In his text message to Mr Kearns and Dr Mahony Dr Boylan said:

“I’m sorry it’s come to this but I did try to warn you. The way out for both of you is to make it clear that you were misled by SVHG [St Vincent’s Health Care Group], you accepted their bona fides and assurances…Both of you and the Minister are inextricably linked in this and you will either sink or swim together. The way to get the hospital is to insist on CPO of Elm Park golf club land on periphery and establish links to SVH via tunnels/corridors. Minimal design alterations needed.”

Mr Kearns replied to Dr Boylan:

“Both the Master and I have received and read your text sent to us at 13.47 today.We are now asking for your immediate resignation from the Board of Holles St – both because of your public intervention to criticise and oppose the overwhelming majority decision of the Board taken in November last to approve the agreement reached with SVUH for the transfer of Holles St to Elm Park – a vote on which you abstained – and in addition because of the content of your text sent today. It’s intimidatory tone is most regrettable.

“The Board will clearly require to be briefed on Wednesday as to the contents of your text communication if your resignation as sought is not forthcoming.”

Speaking on RTÉ’s Morning Ireland, Dr Boylan told presenter Cathal MacCoille he would not resign.

Cathal MacCoille: “This call on you to resign followed not just the meeting, several meetings which discussed this proposal but, specifically, a text that you sent at the weekend, can you just tell us about that text? Who you sent it to? And what you said?”

Peter Boylan: “Yes, I was becoming increasingly concerned about the controversy that had erupted following Patsy McGarry revealing, in the wider public…”

MacCoille: “This is in The Irish Times?”

Boylan:
“The Irish Times, about a week ago now I think. And I was away when it was published. I only arrived back the next day, in the middle of the day to the furore that erupted. And I was becoming increasingly concerned that, as with the passage of time that the board members or the governors of the National Maternity Hospital, the shareholders had not been consulted about the deal which, one had the impression that it was completely agreed by the National Maternity Hospital. But I’d been assured, the board had been assured by the Deputy Chairman that the governors would be consulted and would take a vote on whether or not they agreed the deal.”

MacCoille: “Sorry, is there a difference between governors and board?”

Boylan: “Yes, there are 21 board members but there are 100 governors. So the shareholders had not agreed to the deal. So I was increasingly concerned about this. Originally, I was going to stay quiet until the meeting of the governors and raise the issues concerning, about my real concerns which I’d raised regularly at board meetings. I was getting kind of tired of it. And then the whole thing became public. And I was away and I was phoned, I got back, almost inevitably, by The Irish Times and I spoke to them and they said they would publish my comments the next day but Sister Agnes’s [Reynolds] intervention then took precedence.”

MacCoille: “Of the Sisters of Charity?”

Boylan: “Of the Sisters of Charity and she made it clear that in point of fact there was some doubt over whether or not the Catholic Church teaching would hold sway in the new maternity hospital and that was absolutely confirmed by Bishop Doran over the weekend and by a letter from the chairman of Ireland East [Hospital] Group Tom Lynch to the secretary general of the Department of Health some time ago warning that there would be ethical issues if the hospital was built on land…”

MacCoille: “Right. So. Sometime on Sunday, you sent a text.”

Boylan: “So, sometime on Sunday, I kind of felt, look, we need to sort this out and can we not sit down and talk about it and have some, there’s been call for calm heads and, you know, a lot of talk about misinformation which it transpires, actually, I was right. I wasn’t giving them misinformation…”

MacCoille: “Who..”

Boylan: “I sent a text..”

MacCoille: “To..”

Boylan:
“To Nicky Kearns, the deputy chairman and to Rhona Mahony, the Master. I said:

I’m sorry it’s come to this but I did try to warn you. The way out for both of you is to make it clear that you were misled by SVHG [St Vincent’s Health Care Group], you accepted their bona fides and assurances… Both of you and the Minister are inextricably linked in this and you will either sink or swim together. The way to get the hospital is to insist on CPO of Elm Park golf club land on periphery and establish links to SVH via tunnels/corridors. Minimal design alterations needed. Peter.


MacCoille:
‘And just for the purposes, so people know the whole story. That’s what you sent, the text you sent to Nicholas Kearns and Rhona Mahony and you got a text back from Nicholas Kearns, saying, Peter, I have it here and they’re happy that we should read it out:

“Peter, both the Master and I have received and read your text sent to us at 13.47 today [Sunday]. We are now asking for your immediate resignation from the Board of Holles St – both because of your public intervention to criticise and oppose the overwhelming majority decision of the Board taken in November last to approve the agreement reached with St Vincent’s Hospital for the transfer of Holles St to Elm Park – a vote on which you abstained – and in addition because of the content of your text sent today. It’s intimidatory tone is most regrettable.

“The Board will clearly require to be briefed on Wednesday as to the contents of your text communication if your resignation as sought is not forthcoming.”

MacCoille: “First question arising obviously, are you going to resign?”

Boylan:
“No.”

MacCoille:
“Why not?”

Boylan: “I don’t feel I should resign. There’s been questions about loyalty to the board. I feel a loyalty to the women of Ireland. The function of the National Maternity Hospital is to offer care to the women of Ireland. To believe that by granting ownership of the hospital to the Roman Catholic Church and the company that is tasked with running the hospital to the Roman Catholic Church, to construct a board which four of nine members would have fundamental objections to a lot of activity going on in that hospital, just is not a runner. And then when Bishop Doran came out on Sunday and said – a great article by Justine McCarthy and full credit to her for getting that – that any land owned by the church is ecclesiastical property and subject to Canon Law and the governance rests with the Pope. Now this is 2017 in Ireland. I tried to say to the board many times, ‘look when this gets public, it’s not going to fly’ and also, it’s not right that a maternity hospital, of all hospitals should be granted to the Catholic Church.”

MacCoille:
“When this decision, the terms of this agreement were approved by the board did you vote against it?

Boylan: “No, I abstained, it was clear from…”

MacCoille: “Why?”

Boylan:
“Well, it was clear, out of a sense of loyalty, I think to the Master and to the…”

MacCoille: “If you think, for the reasons just stated now, again, if they were your views, why didn’t you…”

Boylan:
“Well, maybe I should have voted against it but I kind of felt look, the thing is going to pass anyway because there was overwhelming support for it, there was only four people, not three, who objected and, importantly, the three previous masters had reservations and did not support it with a vote.”

Boylan refuses to stand down from National Maternity Hospital board (RTÉ)

Previously: Nun So Blind

Magdalene

Further to the Religious Sisters of Charity getting ‘sole ownership’ of the new National Maternity Hospital.

And the online petition, against the move, that has gained more than 75,000 names…

And the Sisters of Charity basing their decision not to pay redress to the Magdalene survivors based on the findings of the McAleese Report…

Readers may wish to recall the following reported by Conor Ryan and Clare O”Sullivan, in the Irish Examiner, back in February 2013…

The Sisters of Charity made €63m in sell-offs during the boom of which €45m came from the 2001 deal for land around its former laundry in Donnybrook, Dublin.

Last year, the Religious Sisters of Charity, who amassed a €233m property portfolio, said they could not afford to release €3m it promised to put into a trust fund for the victims of institutional child abuse.

The order blamed the decision to reduce its cash offer by 60% on the poor property market.

In 2009, when they supplied details of their assets to the Government, it had financial interests of €33m and sold €63m of property in 10 years. The order said it needed to set aside €38.6m to care for its 264 sisters.

Substantial assets, but no more cash for redress (Irish Examiner, February 2013)

Pic: Gloucester Street Magdalenes via Limerick Museum

File photo. The former Master of the National Maternity Hospital, Dr. Peter Boylan, has joined the tens of thousands of people who have signed a petition objecting to the Sisters of Charity nuns having any role whatever with the new National Maternity Hospital, which is due to be built on the St Vincents Hospital Campus in Dublin. End. 17/04/2013. Inquest into the death of Savita Halappanavar. Expert witness, Obstetrician Dr Peter Boylan pictured at Galway Coroners Court, sitting at Galway County Hall today for the inquest into the death of Savita Halappanavar. Photo: Laura Hutton/RollingNews.ie

RhonaMahoney17/04/2013. Enrollment of new solicitors in Blackhall Place. Pictured is the President of the High Court, Mr Justice Nicholas Kearns, who has said the Master of the High Court has no authority to speak on behalf of the court or its judges. Mr Justice Kearns said concerns about judicial independence expressed by the Association of Judges were well founded and he hoped every effort would be made to address these concerns with a view to resolving them as soon as possible. Photo: Sasko Lazarov/Photocall Ireland 

From top: The former Master of the National Maternity Hospital, Dr. Peter Boylan; NMH chairman Nicholas Kearns  and From left: Kay Connolly, Chief Operating Officer of St Vincent’s Hospital, Minister for Health Simon Harris TD and Dr Rhona Mahony Master, National Maternity Hospital with a model of St Vincents University Hospital.

This morning on RTÉ Radio One’s Today with Sean O’Rourke the handover of the ownership of the National Maternity Hospital to the Sisters of Charity was discussed.

Rhona Mahony, Master of Holles Street, and Nicholas Kearns, chairman of the National Maternity Hospital defended the decision and addressed criticism from former Master of Holles Street Dr Peter Boylan

Sean O’Rourke: “The concern over the ownership and governance of the new National Maternity Hospital to be located at St Vincent’s Hospital at Elm Park, continues to grow. The new Minister for Health, Simon Harris, has said the hospital will have complete clinical, financial, budgetary and operational independence, however on Morning Ireland earlier, the former Master of the National Maternity Hospital, Dr Peter Boylan, said that in his view it’s inappropriate for the State to invest 300 million Euro of taxpayers’ money into a new maternity hospital that would have a strong religious influence.

With me now in studio are the current Master of Holles Street Dr Rhona Mahony and the Chair of the Hospital Board or he’s de facto the Chair, former President of the High Court Nicholas Kearns who both represented Holles St in the negotiations with St Vincent’s Hospital. Good morning to you both, you’re both very welcome to the studio. First of all, Mr Kearns, are you surprised by the controversy that has engulfed this move .. several weeks, a couple of months after it was announced?”

Nicholas Kearns: “Very surprised. In Holles Street we are surprised and disappointed in particular by Dr Boylan’s late intervention in such a public way in this whole matter, it’s very difficult for us to understand, he’s a serving member of the Board, a board which voted by an overwhelming majority to approve this agreement, this is in a sense nothing new, the idea of moving to the campus in Elm Park has been there since 2003, through all these years that followed Dr Boylan has been working in the hospital up to his retirement last year, the proposal has been there, nothing has been changed, when these latest round of negotiations began in 2016 we spent up to six months battling for exactly the kind of independence and safety of the ethos and practice of Holles St we could possibly obtain and we are satisfied and I am satisfied, Sean, as a lawyer that the arrangements we have put in place for independence are legally accurate and sound.”

O’Rourke: “And that agreement, has it been published?”

Kearns: “The full terms of it have not been published, this was an exercise conducted on a confidential basis throughout by [workplace mediator] Kieran Mulvey.”

O’Rourke:
“At this stage might help if the whole thing was published and put out there and people could decide.”

Kearns:
“In effect, the Minister has disclosed the key elements in these reserved powers and I was frankly surprised that people are not reassured by the binding nature of these reserved powers, can I just run through them quickly? Firstly, as one of the main objectives for the agreement it provides that under this arrangement the new company, the hospital in Elm Park, will provide a range of health services in the community as heretofore, such operation and provision to be conducted in accordance with the newly agreed clinical governance arrangements for the National Maternity Hospital at Elm Park by providing as far as possible by whatever manner and means from time to time available for the health happiness and welfare of those accepted as patients without religious or ethnic or other distinction and by supporting the work of all involved in the delivery of care to such patients and their families or guardians including research or investigation which may further such work. Now just very quickly the reserved powers and then I’ll stop.Continue reading →

Screen Shot 2017-04-20 at 01.26.53

Denise Kieran has set up a petition (above) on Uplift against the Sisters of Charity gaining ‘sole ownership’ of the new National Maternity Hospital.

It already has just under 70,000 signatures.

Denise writes:

The Sisters of Charity is one of 18 residential institutions that is highlighted by the Ryan report 2009 to have been responsible for child abuse.

They still owe €3 million to the redress scheme for its survivors. The Sisters of Charity, along with three other religious congregations, were responsible for the management of Magdalene Laundries.

In 2013 they stated they would not be making ANY contributions to the State redress scheme to the women who had been subject abuse in the Magdalene Laundries.

The Department of Health now want to give ‘sole’ ownership of the new €300 million State-funded National Maternity Hospital.

Deny them ‘sole’ ownership. Demand they formally apologise and pay redress.

Those who wish can sign the petition here

Previously: ‘Reserved Powers’

‘In The Interest Of Patient Safety’

Screen Shot 2017-04-18 at 14.24.55

Model of the new National Maternity Hospital

Patsy McGarry, in The Irish Times, reports:

A religious congregation which has failed to date to provide its share of funds to a redress scheme for institutional abuse victims, is to be given ownership of the new €300 million State-funded National Maternity Hospital.

The Sisters of Charity are the shareholders of the St Vincent’s Healthcare Group which the Department of Health said will be the “sole owner of the new hospital” which is to be built on a site at Elm Park in south Dublin.

The relocation of the hospital from Holles Street to the St Vincent’s hospital campus involves the largest single investment ever made in maternity services in the State.

…A department spokesman said the “autonomy of the national maternity hospital board will be underpinned by reserved powers to ensure clinical and operational independence, and the Minister for Health will hold the power to protect those reserved powers”.

Sisters of Charity to be given new National Maternity Hospital (Irish Times)

Previously: ‘In The Interests Of Patient Safety’

Puzzling

Pic: Rollingnews

Meanwhile…

keyes

Thanks Garthicus

hospital 595_9050500710/03/2017.New National Maternity Hospital. Pictured a model of St Vincents University Hospital and how the new building (White) will fit into the existing complex. Today the Minister marked the submission of the planning application for the new National Maternity Hospital on the St Vincents campus to An Bord Pleanala. Photo: Sam Boal/Rollingnews.ie hospital 581_90505009 copy

10/03/2017.New National Maternity Hospital. Pictured Minister for Health Simon Harris TD looking at a model of St Vincents University Hospital and how the new building will fit into the existing complex. Today the Minister marked the submission of the planning application for the new National Maternity Hospital on the St Vincents campus to An Bord Pleanala. Photo: Sam Boal/Rollingnews.ie 

This  afternoon..

St Vincent’s Hospital, Merrion Road, Dublin 4

Minister for Health Simon Harris with middle pic, from left: St Vincent’s Chief Operating Officer Kay Connolly and Dr Rhona Mahony, Master at Holles Street, with a model of St Vincent’s University Hospital and how the new National Maternity Hospital might fit into the existing complex in Mount Merrion. Plans were submitted to An Bord Planeala today.

Previously: Deal reached for National Maternity Hospital to move to St Vincent’s

Rollingnews