The High Court has ruled that the Minister for Health should be joined to consultant Brian Manning’s challenge to a policy restricting HSE surgical hubs to public patients.
Manning works at Cork University Hospital under the 2008 Consultants Contract Type B. That contract permits private practice using hospital facilities for 20% of his working week, with the remaining 80% devoted to public patients.
The dispute arose after an HSE memorandum dated 5 February 2025 stated that surgical hubs were for public patients only. Patients with private insurance could use the hubs, but only as public patients, and no private health insurance claims could be made for treatment there.
Manning argues that the restriction breaches his employment contract, interferes with his right to earn a livelihood and property rights, frustrates legitimate expectations and was beyond the HSE’s powers. He seeks to have the decision quashed and to require the HSE to permit private practice in relevant hospital facilities.
The HSE says the memorandum implemented Government policy rather than an independently created HSE policy. The Minister therefore applied to join the case.
Mr Justice Barr held that the Minister had a direct and substantial interest. Evidence before the court stated that surgical hubs form part of the phased Sláintecare objective of moving public hospitals towards public-only treatment and that approximately 1,435 consultants remain on 2008 Type B contracts permitting private practice.
The judge said the litigation could have a significant effect on the wider implementation of Sláintecare. He also found that joining the Minister would not materially delay the proceedings or prejudice Manning’s contractual arguments.
The ruling does not decide the central dispute. The court expressly left open whether the February 2025 memorandum was legally a decision of the HSE or implementation of ministerial policy, and whether Manning’s contract prevents the public-only restriction.
The Minister’s joinder was approved, with final orders and costs to be settled after further submissions.