Inquiry into drug firms faces legal hurdles

The Cabinet is to be presented today with a report commissioned by the Department of Health on the possibility of establishing a tribunal of inquiry into the role of overseas pharmaceutical companies in infecting haemophiliacs with HIV.

The report, compiled by Mr Paul Gardiner SC, is understood to paint a gloomy picture for the prospects of such an inquiry, highlighting a number of expected legal obstacles.

It is believed the Department is advising against the publication of the report because of its negative content. Were the Department to be found to pursue the drugs firms against its own legal advice it could expose the State to massive legal costs.

The Minister for Health, Mr Martin, initially said he would publish the report but has since said it would not be published. Neither the Department nor the Irish Haemophilia Society (IHS), which has received a copy, has disclosed its contents.

The society has been campaigning for an inquiry into the drugs firms since the chairwoman of the Lindsay tribunal ruled last summer that she was not entitled to investigate them. One option being considered is the State initiating legal proceedings against the companies in the United States. The report, however, points out that efforts in other countries to act against the firms proved largely unsuccessful.

The society and the Department are also currently negotiating a review of compensation to HIV-infected haemophiliacs. The two parties met yesterday and are to meet again tomorrow.

It is understood they have agreed a time frame of one month to have legislation on the issue brought before the Dáil. It is anticipated Opposition parties will allow the Bill to be guillotined. One expected sticking-point between the parties is whether the next-of-kin of haemophiliacs who have died should benefit.

The legislation was promised three years ago by the Government after it conceded a 1991 no-fault settlement on the issue was unfair. In the absence of agreement, the IHS is continuing to serve writs against the Minister on behalf of infected haemophiliacs. The third such writ is to be issued this week.