Minister stands by decision of DPP

The Minister for Health, Mr Cowen, has said he cannot force the Director of Public Prosecutions to act differently concerning…

The Minister for Health, Mr Cowen, has said he cannot force the Director of Public Prosecutions to act differently concerning his decision not to initiate a criminal prosecution in respect of the hepatitis C scandal.

Following demands from Positive Action that the DPP face further questions, Mr Cowen said last night that the Office had independent discretion and "I cannot force the DPP to exercise that discretion differently".

The director, Mr Eamonn Barnes, has said he is satisfied he cannot proceed with an action under the law as it stands.

"I have to accept the decision he has made. As the person who communicated this decision to the people affected, I know that they were understandably upset that prosecutions are not going to be initiated. I cannot influence the position as Minister for Health. Were it otherwise, I could take a different view," Mr Cowen said.

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Acknowledging the response of many of the "victims of the negligence perpetrated on them", he added he had to accept that this was a legal matter over which he had no influence.

The Department of Justice is to examine changing criminal legislation following the outcry over the decision. With Opposition parties claiming the law is defective, the Taoiseach, Mr Ahern, said the Government accepted the need to look at existing law.

Fine Gael's health spokesman, Mr Alan Shatter, said the majority believes criminal prosecutions should be brought against those responsible.

"I share that belief and I am concerned as to the basis upon which the DPP arrived at his conclusion," he added.

He called on Mr Cowen to clarify the nature of the Garda's "preliminary investigations".