POSITIVE ACTION is to seek aggravated and exemplary damages for women infected through antiD immunoglobulin. The existing compensation tribunal, it said, should be re established by the Minister for Health on a statutory footing, on a basis that recognised the findings of the Finlay Report.
The Minister for Health could introduce a statute. I am sure that there would be political willingness to assure a speedy passage.
"This could either be pursued through the courts or acceded to by a government willing to admit to the wrong that was caused," said Ms Jane O'Brien, Positive Action chairwoman.
There must be a complete reappraisal of the way in which compensation was being offered. Paying it on an ex gratia basis, in the light of the findings of the tribunal, was "totally unacceptable", she said.
Positive Action wants the Minister for Health to ensure that the BTSB gives a full admission of liability to all anti D mothers, she said.
The Report of the Tribunal of Inquiry found there was a grave wrong on the part of named individuals in the BTSB.
The State also bore a major responsibility, Ms O'Brien said, because it "did not provide the resources to ensure a watchdog body, the National Drugs Advisory Board, functioned effectively to ensure Irish women were protected".
The board has already admitted liability in the case of Mrs Brigid McCole and another woman, whose case is listed for mention in the High Court in May.
The Compensation Tribunal has paid out just under £35 million in 289 cases. Ms O'Brien said exemplary or aggravated damages should also be paid to people who had already accepted awards on the basis of the knowledge available at the time.
A daughter of the late Mrs Brigid McCole said her family were very glad that the tribunal had taken place.
"We are very sad that it took our mother's death for the tribunal to be established. We hope that the findings of this tribunal will ensure that no other woman will endure what she went through on her journey through the courts. We also hope a tragedy like the anti D contamination is never allowed to happen again," Ms Brid McCole said.
The Fianna Fail spokesman on Health, Mr Brian Cowen, said yesterday he had referred a copy of the report to the Garda Commissioner. Mr Cowen said the DPP has no investigative powers and was significantly handicapped in the manner in which he must look at the hepatitis C report".
He asked the Minister for Health, Mr Noonan, to clarify what action he proposes taking in relation to the golden handshake, worth around £600,000, paid to the former chief medical consultant of the BTSB, Dr Terry Walsh.