THE Minister for Health refused yesterday to say how much money would be set aside in a proposed reparation fund for people infected with hepatitis C through contaminated blood products.
Speaking at the IMO annual conference in Galway Mr Noonan said a figure would be discussed at the Cabinet meeting next Tuesday. "As Minister for Health I cannot unilaterally give details of matters properly for Government," he said.
The reparation fund would give a percentage addition to every compensation award by the State.
Positive Action, the group representing women infected through anti D immunoglobulin, met the Minister yesterday morning to discuss the three options. It is believed the group was unhappy following the meeting because it would be impossible for it to make a decision on the preferred option when Mr Noonan could not specify how much money would be placed in the fund.
The other two options are a State funded arbitrator who would decide if the claimant was entitled to aggravated damages, and a statutory tribunal with powers to decide and award aggravated damages. It is believed the latter would be a preferred option for Positive Action.
Mr Noonan said he wanted the issue of aggravated damages to be settled as quickly as possible. He said that the proposals to put the compensation tribunal on a statutory footing had been presented to the victims. "I have a Bill that I am happy with and I want to go ahead with it. But the prospect of an election is overhanging things and people are pushing things that might not normally be pushed."
Mr Justice Egan, who chairs the compensation tribunal, would have to ensure that any decisions made were "workable".
Mr Noonan said it was legally "unavoidable" that the Bill would give the State the right to appeal aggravated awards. Although the right of appeal would be given to the State it would simply be "theoretical".
When asked why the Blood Transfusion Service Board had made an admission only of "ordinary" liability in all cases of hepatitis C caused by contaminated products, rather than aggravated damages, Mr Noonan said that was a matter for the BTSB.
Representatives from Transfusion Positive and the Irish Kidney Association met Department of Health officials yesterday to discuss the proposed law.
The association cautiously welcomed the proposals, and would support the option of the tribunal awarding aggravated damages, according to its solicitor, Mr Greg O'Neill. However, there was concern that anyone who appealed an award would incur substantial legal costs if the appeal was unsuccessful.
The association is also insisting that hepatitis C not be described as the sole cause of death for cases where relatives are seeking damages.
The existing tribunal has heard, 310 cases so far and awarded £34.8 million in compensation, making an average award of £113,000.