RTÉ ordered to provide covert footage from nursing home documentary to Hiqa
High Court reporters
The High Court has ordered RTÉ to provide the Health Information and Quality Authority (Hiqa) with covert footage gathered by the broadcaster during an investigation into standards of care in nursing homes.
RTÉ Investigates: Inside Ireland’s Nursing Homes, broadcast last year, focused on the treatment of residents at Beneavin Manor, in Glasnevin, Dublin 11, and The Residence in Portlaoise.
The programme highlighted substandard care at the nursing homes. Hiqa considered the programme to raise “extremely serious concerns”, including instances of residents being treated roughly or left unattended, disrespect for residents’ privacy and dignity, and falsification of records.
Hiqa is responsible for monitoring and inspecting nursing homes to ensure residents are safe and receive a high quality of care. To that end, the regulator sought the entirety of the covert footage captured by RTÉ during its investigation.
RTÉ welcomed Hiqa’s investigation of the issues highlighted in the programme, but said it could only release the entirety of the footage captured during the investigation on foot of a court order.
In the circumstances, Hiqa sought such an order, known as a Norwich Pharmacal order. RTÉ took a neutral position to Hiqa’s bid for the order.
In a judgment published on Tuesday, Ms Justice Emily Egan said she would grant the order sought by Hiqa.
“The nature of the wrong alleged, its reporting by RTÉ and the requirement that such wrongdoings are redressed and prevented in the public interest, justify the granting of the order,” she said.
Explaining her decision, the judge referred to legal principles established for the granting of a Norwich Pharmacal order. The judge – while noting several novelties to Hiqa’s case – said she was satisfied that the ice regulator’s application reached the threshold required.
She noted that even when that threshold is met, the granting of a Norwich Pharmacal order remains at the discretion of a judge. She said that the interest in granting the disclosure order must be “balanced against those weighing the other way”.
With reference to factors guiding this discretion, the judge said there was strong public interest in permitting Hiqa to have access to the maximum amount of material to engage its investigation. She said making the order may deter similar wrongdoing, and the complete footage cannot be obtained from another source.
She noted that “the public interest in maintaining the confidentiality of journalistic sources is not engaged in this case”. “I do not suggest that in other cases involving investigations by media organisations disclosure will be ordered,” the judge said.
She added: “The release of the complete unedited footage is, moreover, proportionate to the aim pursued, namely the facilitation of regulatory investigation, which RTÉ supports and has called for in general terms.”
The judge said she would make the order as sought by Hiqa.
