http://www.unison.ie/irish_independent/stories.php3?ca=9&si=158994&issue_id=1714
Irish Independent
February 21, 2000
Dad goes to court over secret sex case files
By Eilish O’Regan, Health Correspondent
A
father who claims he was wrongly accused of sexual abuse by Dublin GP Dr Moira
Woods is due in the High Court today to challenge a refusal, under the Freedom
of Information Act, to grant him access to confidential documents relating to
his case.
Dr Woods is the subject of a private Medical Council inquiry arising out of
complaints by five fathers that she wrongly accused them of abusing their
children. A finding is not expected until September.
In the first case of its kind, one of the complainants is to seek to remove
Information Commissioner, Kevin Murphy, who has turned down his appeal, from
today's proceedings under the Freedom of Information Act. Today's hearing is
expected to hear an application that the proceedings be taken against the
Eastern Health Board and the Minster for Health and that the Information
Commissioner play no active part in the case.
Under the Freedom of Information legislation brought in two years ago citizens
have the right to apply for confidential documents which relate to themselves
and are held by public bodies. There are some limitations but a refusal can be
appealed to the Information Commissioner and his decision can in turn be challenged
on a point of law in the High Court.
The father claims that the documents which relate to the Sexual Assault
Treatment Unit in the Rotunda and other files from the Eastern Health Board and
the Department of Health should be released to him to allow him to submit them
to the Medical Council.
He was already granted most of the documents through an earlier order of
discovery relating to a civil case. However, these were subject to strict
restrictions and could not be used for any other purpose other than that
hearing.