Terms of reference have been agreed for the HIV and hepatitis C tribunal, which is expected to start in the autumn. The Minister for Health, Mr Cowen, said he was discussing with the Attorney General the appointment of a suitable person to chair the tribunal.
When that person was appointed, he hoped "he or she will be able to begin reading the brief, assembling a legal team and contacting relevant bodies and persons. I hope as much preparatory work as possible is completed during the summer and early autumn so public hearings can commence in the autumn."
Mr Cowen was replying to a debate on the establishment of the tribunal to investigate "the infection of persons with haemophilia, and related matters".
He told Ms Liz McManus, Labour's health spokeswoman, the State would not be appealing the recent hepatitis C High Court case in which an award of £150,000 in general damages by the tribunal was increased to £250,000.
Opening the debate, the Minister of State for Health, Dr Tom Moffatt, said the establishment of the inquiry had been a long and difficult process. He rejected any suggestion the Minister for Health or his officials had been seeking to delay the inquiry.
Dr Moffatt said the tribunal would investigate the infection with HIV of Ms Mary Murphy, the Kilkenny health worker who received a blood transfusion in July 1985. The donor in question returned to donate again in September 1986, at which stage it was found the donor was HIV positive. That donation was discarded but no review was carried out on previous donations including that administered to Ms Murphy.
The tribunal would also look at the role of the Minister, the Department and the National Drugs Advisory Board in relation to any products with were found to have caused, or probably to have caused, the infection with HIV and hepatitis C of persons with haemophilia.
He said the Irish Haemophilia Society (IHS) had informed him that 210 of its members were infected with hepatitis C between the mid-1970s and 1990. Some 103 people with haemophilia were infected with HIV during the 1980s.
Mr Alan Shatter, Fine Gael's health spokesman, said a State agency had "grossly failed these people, failed to ensure the safety of the blood products it was providing".
He asked if there had been direct contact between the Minister and the relevant pharmaceutical companies concerned, and if they had been asked whether they would co-operate with the tribunal. He called for it to be made a particular criminal offence for a public body or an individual employed by one to act recklessly or with gross negligence in a manner which caused serious injury to those whom the body was obliged to serve.
Mr Cowen said he had not been involved in discussions with pharmaceutical companies although there had been limited contact between the Department and solicitors acting for one of the pharmaceutical companies. "Given that the tribunal is about to be appointed, it would be more appropriate for the tribunal itself to deal with the companies rather than the Department getting involved in the process."
He told Ms McManus the Department had no problem about the availability of documentation for the IHS. The Department had given a commitment to facilitate inspection by the IHS solicitors as soon as the material was catalogued.
He understood the Blood Transfusion Service Board was reluctant to allow copies of documents to be removed from its solicitors' offices until the terms of reference were known. He hoped the BTSB and IHS could reach agreement on this matter.
The tribunal will report to the clerk of the Dail on an interim basis not later than four months after its establishment, and again as soon as possible after the 10th day of hearing of the tribunal.
:quality(70)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/MOENYACS6VA77KV7ZXJ7HWR6UM.png)