The HSE is entitled to answer charges made against it on baby deaths at Portlaoise hospital, Taoiseach Enda Kenny told the Dáil.

He said that was the way in which the draft report from the Health Information and Quality Authority (Hiqa) would become a finalised report.

"Hiqa has found against the HSE on a whole range of areas, as is referred to in the published correspondence,'' said Mr Kenny.

He could not indicate when the report would be published. It would be wrong to publish what was currently a draft report. The matter needed to be dealt with, taking into account the HSE's responsibilities, the independence of Hiqa, and the requirement to send a report to Minister for Health Leo Varadkar, which he would consider and publish.

‘Unedifying spectacle’

The Taoiseach was replying to

Fianna Fáil

leader Micheál Martin, who referred to the “unedifying spectacle’’ of the HSE threatening legal injunctions against Hiqa.

“I put it to the Taoiseach that this could be a defining moment for Hiqa, its independence and its capacity to investigate without being emasculated, undermined or, to put it more bluntly, told to shut up or pull its punches behind the scenes.’’

Mr Kenny said Mr Varadkar had publicly affirmed Hiqa’s absolute independence.

The Minister, he added, had intervened to say it was not appropriate that taxpayers’ money be used to settle a row between two State agencies.

“I am glad that, following a meeting last week, a way forward has been found,’’ the Taoiseach said.

Mr Martin said he accepted the need for fair procedure and due process, but the idea now seemed to be emerging that behind the scenes the two bodies were going to sit down and work it out.

“Work what out?’’ he said. “The job of Hiqa is to investigate and come to conclusions.’’

Mr Kenny said the report had not been accepted by the Hiqa board yet.

“It is a draft report,’’ he added. “The investigating independent authority is Hiqa.’’