THE Minister for Health ruled out a judicial inquiry into the anti-D controversy.
Mr Noonan said that the expert group on the Blood Transfusion Services Board (BTSB) had fully investigated the circumstances surrounding the contamination of the anti D product, and the High Court proceedings in October would involve a judicial examination of the matter.
"In the circumstances, to establish a special judicial inquiry would serve no useful purpose and would be inappropriate."
Mr Noonan was responding to questions about the information available to the BTSB and the Department of Health on the contamination of the anti D product in 1976 by a donor with infective hepatitis.
The BTSB at no time had I forwarded any internal file to the Department, and he would "like to state unequivocally that there, are no BTSB files in my Department". He understood, however, that attached to the affidavit sworn by the plaintiff's solicitors on March 22nd last were Crumlin hospital standard laboratory test request forms indicating the clinical diagnosis of infective hepatitis in November/December 1976.
While these forms were not seen by the expert group, the group and the Department were aware of the clinical diagnosis and the outcome of the subsequent laboratory tests. "When the information relating to the clinical diagnosis was given to my Department and the expert group, documentary evidence in this regard was not sought or required for their purposes.
Mr Noonan said that there had been allegations in the media that the expert group did not see a particular file and that, therefore, it was not fully informed on the clinical diagnosis of infective hepatitis of the donor to the plasma pool used in the manufacture of the anti D product. It has also been claimed that the Minister of State for Health, Mr Brian O'Shea, had been presented with, the file before he spoke in the Dail last March.
"While the file referred to by the chief executive officer of the BTSB at the meeting of the Committee of Public Accounts was not seen by the expert group; I would like to reiterate again that the expert group was fully informed, and fully aware, from the outset of its work, of the clinical diagnosis of infective hepatitis in the light of the BTSB's letter of February 25th, 1994, to the Department of Health," the Minister added.
"I understand that the chief executive officer of the BTSB told the Committee of Public Accounts that he was of the view that the Minister of State would have been aware of the existence of the particular file in question. The fact is that the Minister of State, while aware of the existence of the file, had not seen the file."
The Fianna Fail spokeswoman on health, Mrs Maire Geoghegan Quinn, said that a file had come to the knowledge of the public because of a court case being heard relating to one of the victims of hepatitis C.
"I think that is a scandal. All of the information, all of the documentation, everything related to this should have been brought to the attention of the expert group, should have been provided for them, and, equally, should have been provided to you and toe the Minister of State."
She said she found it extraordinary that the Minister of State, while aware of the existence of the file, had not looked for it and had not seen it. She accepted the Minister's word on that.
Mr Noonan said: "There is no information which the expert group did not have. I know that displeases you. I mean you would love to discover some big scandal here ... the scandal that is here is here for a long time. It is all dealt with inside in that report, and does not be trying to attach any personal blame to anybody who now has responsibilities".
The PD spokeswoman on health, Ms Liz O'Donnell, said the fact that "donor X" had infective hepatitis only came out because of the court proceedings. Mr Noonan said tat the expert group had not concluded anything other than that the cause of infection was infective hepatitis.
The Minister added that it would not be appropriate for him to publish the papers which formed the basis of the expert group report, given that they were, for the most part, forwarded on a confidential basis.
"I should state, however, that these documents have been disclosed in accordance with a High Court order in the course of the proceedings currently before the High Court. Documents discovered in compliance with a court order can only be used by the parties to the proceedings for the purpose of the legal proceedings before the court. I have placed no restrictions on the members of the expert group to make public comments. It would be inappropriate for me to do so.
Mr Noonan stressed that there was no routine test available for hepatitis A 20 years ago. A routine test for hepatitis A was introduced in the virus reference laboratory at UCD in March 1981. The hepatitis C virus itself was not described until 1989 and routine testing for hepatitis C was introduced by the Blood Transfusion Services Board when a scientifically reliable test was available."
Mr Noonan said that the donor's plasma tested negative for hepatitis B in both laboratories. "Therefore, the clinical diagnosis of infective hepatitis was not confirmed by the laboratory tests. However, while the BTSB, following the clinical diagnosis of infective hepatitis, stopped using the donor's plasma, the board decided to resume using her plasma, having apparently concluded that the jaundice/hepatitis was due to environmental factors."
He had been advised, he added, that the term jaundice related to environmental factors" would generally be interpreted as meaning that the jaundice was not caused by a blood borne virus.
