Hepatitis C group claims it will lose out on funding
Positive Action is seeking High Court orders staying the implementation of a decision last March by the HSE requiring the group to enter into a standard service agreement used by the HSE for its financial relationships with non-statutory bodies.
The group says, if implemented, the change will be deprive it of essential funding. It also claims the move is in breach of fair procedures irrational.
Yesterday, it applied to Mr Justice Michael Moriarty for an order requiring the HSE to release information it says it needs for the action, due to be heard next month.
The HSE disputed the need for the information and claimed the group is on a “fishing expedition”.
Mr Justice Moriarty said he would give his decision later this week.
Niall Fitzgibbon BL, for Positive Action, said the information sought was essential to establish the core of the case, which was that the group had a legitimate expectation it would not be subject to a generic service agreement with the HSE.
Positive Action says in 2008, the HSE notified the group of its intention to introduce new governance/ contractual arrangements for the grant aiding of all non-statutory or voluntary groups. But, following talks, a “bespoke agreement” for Positive Action was drawn up which safeguarded the “unique objects, role and functions” of the group.
In Nov 2011, however, the HSE said the standard agreement would have to apply in 2012. Last March, it told the group it would only be in a position to continue funding on the basis of the standard agreement and said the decision was now part of national policy.
Positive Action says there is no new national policy and the HSE is relying on the 2008 policy. Since the March decision, the HSE has only been paying for fixed costs/commitments of the group, it is claimed.
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