The Minister for Health is prepared to consider funding the cost of legal representation for the Irish Haemophilia Society (IHS) when the inquiry into how its members became infected with HIV and hepatitis C begins hearing evidence early in the new year.
The Haemophilia Infection Inquiry was informed of the development yesterday by Mr Daniel Herbert SC, for the Department of Health, following a ruling by the tribunal chairwoman, Judge Alison Lindsay, that she could not award the society costs before the tribunal had concluded.
Judge Lindsay said she did not have jurisdiction to award costs until specific findings had been made. She was ruling on an application made by the IHS at a sitting of the tribunal last Thursday for its costs to be covered from the outset of the inquiry.
Mr Herbert stated that the Minister was prepared to consider "without any commitment of any sort and not on the basis of any legal obligation" the question of funding the IHS's legal team at public sittings of the tribunal. He hoped discussions with the IHS on this issue would not delay the start of public hearings.
Yesterday was the third day of the inquiry which is investigating how 260 people with haemophilia became infected with HIV and hepatitis C through contaminated blood products. Of those, 62 have died.
Judge Lindsay was giving her ruling on several applications by the IHS, including one to have infected persons called to give evidence first because of their state of health.
She said it was up to the tribunal to decide when witnesses were called but applications made to have evidence of victims taken at any time would be considered favourably. These witnesses would be treated with particular sensitivity, she added.
"Given the very nature of this inquiry, the sensitivity of the issues involved and the health of the victims, all efforts will be made by the tribunal to facilitate victims should their evidence have to be interposed at any stage in the public hearings."
Referring to the death of one potential witness last month, highlighted by the IHS, the judge said she wished to make it clear that no representation was made to the tribunal to have that person's evidence taken. Had such an application been made, the evidence would have been heard.
Mr Martin Hayden, counsel for the IHS, said the victim was fine one week and dead the next.
In a further ruling, Judge Lindsay stated that the tribunal would have to hear all the expert evidence available to it, not just experts who had built up a rapport with those infected.
"This is an investigation and not a case as run in a court of law and because of its very nature as an inquiry the tribunal has to hear the pros and cons," she said.
On the submission of documents to the tribunal, she said any party wishing to introduce documents could bring them to the attention of the tribunal legal team led by Mr John Finlay SC, or make an application to her at any time.
She said she had been charged with an "onerous" task, but intended doing her job expeditiously and as economically as possible. This she could only do with the co-operation of all.