Anger as IBTS files are kept under wraps

The Irish Haemophilia Society has reacted angrily to the decision of the Irish Blood Transfusion Service not to waive privilege over confidential documents relating to the 1991 financial settlement with HIV-infected victims of contaminated blood products.

The society's administrator, Ms Rosemary Daly, said the decision was "unfortunately reminiscent of the Brigid McCole situation, where attempts were made to cover up the truth".

"One has to ask the question: why? Why are they so reluctant to give us these documents?"

Last month the tribunal chairwoman, Judge Alison Lindsay, ruled that all parties were entitled to claim legal privilege over certain documents.

A fortnight ago, however, the Minister for Health and Children, Mr Martin, announced he would waive privilege over all documents in his control in the interests of facilitating a full investigation of the issues.

Since then the IHS has been encouraging other parties to follow suit. Yesterday, however, the two Dublin hospitals where most haemophiliacs were treated joined the IBTS in announcing that they would not waive privilege over documents.

Ms Daly said she was very disappointed at the decision of both St James's Hospital and the Adelaide & Meath Hospital, incorporating the National Children's Hospital.

"Again," she said, "you have to ask the question: what have they got to hide?"

Announcing its decision yesterday, the IBTS said that, as an independent party to the inquiry, it would abide by and respect all rulings of the chairwoman, including those relating to privilege. It said it had co-operated fully with the tribunal and would continue to do so.

It added that the IBTS had allowed the IHS legal team "unparalleled" access to all files both at Pelican House and its solicitor's office.

But Ms Daly said she felt this statement was disingenuous, given the blood bank's attitude to privileged documents.

She said the key question for the society was whether the blood bank knew in 1991, when the no-fault settlement was reached, that BTSB-made Factor 9 caused the infection of seven haemophilia B patients, five of whom have since died.

The tribunal has heard evidence to suggest that senior officials in the agency were aware in the late 1980s of the source of infection. Whether that knowledge was shared by the BTSB's decision-making board or the Department of Health at the time has yet to be established, however.