State to pay costs of successful challenge to Harris' call for inquiry into Malak Thawley's death

The State is to to pay the costs of a case in which the High Court blocked an inquiry into patient health and welfare at the National Maternity Hospital in Dublin.

By Ann O'Loughlin

The State is to pay the costs of a case in which the High Court blocked an inquiry into patient health and welfare at the National Maternity Hospital in Dublin.

The case, which was heard over five days, arose after the National Maternity Hospital (NMH) objected to the direction by the Minister for Health, Simon Harris, that an inquiry be held following the death of Malak Thawley (34) during surgery for an ectopic pregnancy in 2016.

Last month, Mr Justice Charles Meenan said it was irrational and unreasonable for the Minister to direct such an investigation into what happened at the NMH when such practices being investigated existed, without his intervention, in many other hospitals across the health service.

He also found that the Minister, before ordering his inquiry, had not properly considered the findings and recommendations of three other reports - a Coronor’s Inquest, an internal NMH inquiry and a further Health Service Executive probe.

The case returned to court today when Mr Justice Justice Meenan was told by Imogen McGrath, for the NMH, that agreement had been reached between the hospital and the Minister on the issue of costs which are to be in favour of the NMH.

Ms MGrath also asked the judge to make a formal order quashing the Minister's decision to direct that a statutory inquiry be held and a declaration that the decision was outside his powers.