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Dáil Éireann debate -
Wednesday, 13 Mar 1991

Vol. 406 No. 4

Adjournment Debate. - HIV Infected Haemophiliacs.

I should like to thank the Ceann Comhairle for allowing me to raise this very serious matter on the Adjournment.

The haemophiliacs affected by the HIV virus rightly believe the Minister is playing a cat and mouse game with them. These people tragically became infected with the HIV virus through blood which had been imported through official channels. Everyone in this House must recognise that these 103 victims have a moral right to compensation and that it would be shameful for the Minister to continue to contest that legal right. Already 18 of these victims have died and at least the same number will have died before a court case can be concluded. A legal case could be strung out for years and would cost millions of pounds. However, more to the point, these people cannot wait. They face death as an imminent possibility at any stage and must be given compensation now so that they can make the best of their lives.

The Minister must realise that further delays by the Government will rightly be seen as a cynical act. Not only will it deny these people the right to some comfort during this stressful time but it will significantly reduce the possibility of compensation being awarded to the families of those people who have died. The Minister must clearly demonstrate to the House that he is not making such a callous calculation as the potential for savings to the Exchequer.

Since the Minister met the Irish Haemophilia Society in December about the possibility of a settlement, five compensatable victims have died. The Haemophilia Society made a submission in January in good time for the budget outlining how a settlement could be reached, but the budget came and went without any word of a settlement. The Minister failed to respond to that submission within the expected time. I believe the Government know there are precedents for the payment of such compensation. They have looked generously on cases like this in the past, particularly the Stardust case which affected people in my constituency. Settlements were fixed outside the court on that occasion, and this procedure must be repeated in this case.

It has been mentioned that there are other defendants and that their insurers should carry some of the costs. While I agree with that suggestion I want to refer to the facts. It is almost two years since this claim was initiated and since then the Minister has had plenty of time to work out a share out of costs with the other parties who have been cited as defendants but that has not happened. All the omens are that it will not be easy to work out such a shared agreement. Above all, the Minister must not set as a pre-condition for a settlement offer that he has an agreed share out with the others. If he could sit down tomorrow and reach an agreement with them that would be fine, but the expectation must be that they will not agree without going to court. That is the nature of insurance companies and that is the way they look at such matters. The Minister, as the public representative of a caring community in Ireland, must settle this claim now and, if necessary, pursue the other parties for their rightful share.

The British Tory Government, who are not renowned for either their flexibility or generosity, have cut through the legal maze and offered sums of up to £100,000 per victim. Our Government should at least do the same and not add to the suffering of these tragic victims. I believe the Minister has met the victims and has seen how their lives have been blighted by this terrible disease. I hope he will look positively on these people because an act of generosity of spirit by the Minister is called for now. I hope he can tell us tonight that that is the direction in which he will move so that he can put an offer on the table within weeks rather than months or years.

I recognise the tragic position of haemophiliacs who have been infected with HIV. I am very glad Deputy Bruton has raised this matter on the Adjournment tonight as it gives me the opportunity to inform the House and to put the record straight about the present position regarding recent contacts between the parties involved in the current legal proceedings relating to haemophiliacs infected with HIV.

The Deputy is aware that legal proceedings are under way in relation to this matter and that I, as Minister for Health, am a defendant in the action. As he will also be aware, there are I think six other defendants in the action. I wish to place on the record that my statement to the House is being made without prejudice to those proceedings. I also welcome the opportunity of placing on the record once again, my concern for all the people infected with the HIV virus and my wish to have the position of the haemophiliacs so infected resolved if possible as a matter of urgency.

I want to emphasise that at no time did the Haemophiliac Society ask to see me about a settlement of their court proceedings. The first I knew of any proposals they had in this regard was on 21 December, 1990 when I read in the media a report about a public meeting which had taken place on the previous day, at which the Irish Haemophiliac Society sought support for a negotiated rather than a legal settlement to the legal case. The society also wrote at this time to representatives of all the political parties in the Dáil seeking their agreement to certain initiatives towards achieving a negotiated settlement. This was the first time the issue of haemophiliacs infected with HIV was raised at a political level since mid-1989 when the Government provided a sum of £1 million for the relief of suffering and distress for the haemophiliacs and their families.

On 21 December 1990, my Department contacted the society and informed them that I would be available at any time to meet with them. As a result of this contact I met the society on 9 January 1991. At the conclusion of that meeting I invited them to make a written submission to me in relation to the issues which they had raised. I assured them that such a submission would be treated as a matter of urgency. Following a number of requests from my Department to the society to expedite the submission, the document was received by me on 22 January 1991.

I indicated to the society at the meeting on 9 January 1991 that, as there were a number of defendants to the legal proceedings, I would be obliged to consult with them in relation to any possible negotiated settlement of the cases. On receipt of their submission which I might add, seeks a settlement which is approximately double the pro rata English settlement, I immediately obtained legal advice and, on the basis of this, it emerged that a number of matters required detailed consideration. I was not, therefore, in a position to respond to the society by 24 February 1991, the date by which they had asked for a response. I advised the society of this on 15 February 1991 and assured them that I was taking all possible steps to ensure a speedy response and that I would be in touch with them in the near future.

One of the matters which emerged as a result of the legal advice obtained by me was the need to obtain the permission of the society to release their submission to the other defendants. My Department sought this permission but to my surprise the solicitors acting on behalf of the society refused to allow this. Following discussion and correspondence between the office of the Chief State Solicitor and the society's solicitors, they finally agreed to the circulation of a resume of the submission to the other defendants. It is worth noting that Deputy Mervyn Taylor is one of the principals in the firm of solicitors acting for the society. It is sailing very close to a mix between politics and law in this instance.

On a point of order——

Today the society have instructed Deputy Taylor——

May I raise a point of order, a Cheann Comhairle?

You will appreciate that the Chair seeks to dissuade Members from raising a point of order when there are time limits on questions of this kind.

There has been a very serious breach of Standing Orders by the Minister in suggesting that there is something improper——

The Deputy should wait to hear what I have to say. The society have today instructed Deputy Taylor to allow the circulation of the full submission. If this had been done when originally requested we would be further on in this matter. I am also concerned that extracts of internal documents on this very sensitive issue, which only passed between the offices of the Chief State Solicitor and the society's solicitors, have appeared in the media.

I might also say that I was surprised at the tone of a leading article in one of this morning's newspapers. To suggest that the taxpayer should meet the full cost of any settlement is most surprising. It ignores the fact that the State is only one of the many defendants in this case and that responsibility, if proven, and consequent liability could be apportioned over a number of defendants, including a multinational company. In such circumstances, it must be accepted that it is incumbent on me to seek the views of the other defendants and, indeed, to seek a contribution from them to possible settlement terms before any decision is made by the Government on the society's submission.

That could take years.

No, it need not. Wait until I have finished.

Let the Minister reply.

As I have said, I am concerned to ensure that the problem is resolved, if it is possible to do so, as soon as possible. I want to assure the House that since the meeting with the society on 9 January 1991 the Department of Health, the office of the Attorney General and the office of the Chief State Solicitor have been actively pursuing this matter. Preliminary discussions have taken place with a number of other defendants. With the problem of the release of the submission now having been taken out of Deputy Taylor's hands, I hope to be in a position to conclude discussions——

May I raise a point of order?

Please, Deputy O'Sullivan. I am surprised at the Deputy.

——with all the defendants and to report to the Government very soon.

It could take months or even years for the other people to agree.

Is Deputy Taylor representing the haemophiliacs as a lawyer or a Dáil Deputy?

The Deputy is asking the question.

Is that what the Minister is saying?

I am calling the Deputy's question now.

It is improper for the Minister to suggest——

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