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Dáil Éireann debate -
Wednesday, 7 May 1997

Vol. 478 No. 7

Priority Questions. - Infected Blood and Blood Products.

Brian Cowen

Question:

7 Mr. Cowen asked the Minister for Health the reason for the continuing delay in introducing the optional HIV testing programme which was promised in Dáil Éireann in December 1996 and was due to commence in January 1997; and the reason the terms of reference for the tribunal to investigate the HIV infection of blood and blood products and the hepatitis C infection of transfusees, haemophiliacs and others have not been brought forward in spite of the commitment by him in January 1997 that these would be urgently brought forward once the Finlay Report was published at the start of March 1997. [12307/97]

Limerick East): I have already informed the House that, following the introduction of HIV donor screening tests by the Blood Transfusion Service Board in October 1985, no lookback was undertaken between 1985 and 1989 in respect of earlier donations made by donors who were now screening positive for HIV. A lookback procedure was in place from 1989 onwards for newly presenting donors. As the House will be aware, the BTSB has intensified its HIV lookback to trace all recipients of potentially HIV infected blood issues.

Given that there can be no guarantee that all, or indeed any, of the untraced issues will ever be traced, and also because of the possibility that some donors who were HIV positive prior to the introduction of HIV donor screening in October 1985 did not donate after October 1985 and cannot, therefore, be identified, I decided to introduce an optional HIV testing programme to offer screening of blood transfusion and blood product recipients who may be at risk, however small that risk may be.

Before commencing such a programme it is essential that the risk, if any, involved for recipients must be determined, as far as possible, to enable each recipient to make a fully informed decision, in consultation with his or her general practitioner, in relation to availing of screening. The element of risk for recipients will vary according to the year in which they received the transfusion or blood product and according to the specific product they received. I am confident that the preparations for the HIV testing programme, which are well advanced, will be completed before the end of this month.

A draft booklet notifying general practitioners about the relevant risks to recipients in relation to the different blood and blood products which they might have received and in relation to the year in which they received them is almost completed.This booklet will enable GPs to assist their patients in reaching a fully informed decision as to whether to undergo HIV testing under the screening programme.

In the meantime, the BTSB target lookback is continuing and the following is the up to date position. A total of 25 blood donors have tested positive for HIV since screening was introduced in 1985. Eight of those were first time donors and accordingly no risk of HIV transmission to recipients was involved. In the case of ten of the remaining 17 donors, recipients of potentially infected issues were traced and none of the recipients tested positive.

The tracing of recipients of the issues from the remaining seven donors has been rendered very difficult by the absence of the BTSB dispatch records for the period prior to 1986. Of the 33 issues from those seven donors, 15 were donated prior to 1981 and are not regarded as a potential source of infection. The residual problem relates to tracing the recipients of the balance of the 18 issues derived from the potentially infected blood donations made prior 1985. Seven of the issues have been traced leaving 11 issues of concern remaining.

In relation to the HIV tribunal, it is the Government's intention to establish a tribunal of inquiry to examine the HIV infection of blood and blood products manufactured and distributed by the BTSB, and such further matters in respect of blood and blood products as may require investigation in the light of the report of the hepatitis C tribunal.

The report of the hepatitis C tribunal was submitted to me on 6 March 1997 and published on 11 March 1997. I have already met the Irish Haemophilia Society in relation to the terms of reference of the proposed tribunal of inquiry. I will have further consultations with the society on the detailed drafting of the terms of reference and it is my intention to proceed with the establishment of the tribunal of inquiry at the earliest possible date. My first priority, however, at this time is to ensure the enactment of the legislation on the compensation tribunal which will be published later this week.

Is the Minister telling the House that the optional HIV testing programme, which he promised on 17 December 1996 would commence in January 1997, will commence before June this year? The Minister promised to have the other tribunals in place immediately after the publication of the report of the Finlay tribunal. Does he expect those tribunals to start around June also?

(Limerick East): I am confident that the preparations for the HIV testing programme, which are well advanced, will be completed before the end of this month. The programme will then be advertised and testing will commence as quickly as possible. However, two matters must be addressed in terms of informing people who might be at risk, irrespective of how small that risk might be.

First, advertisements must be placed in the national media newspapers. Second, a booklet is being prepared for general practitioners, who will carry out the testing in the first instance, to ensure they are aware of the various considerations which must be taken into account in advising their patients. This booklet is in the final stages of preparation.

Regarding the tribunal, we are in consultation with the Irish Haemophilia Society which was disappointed that some of the issues which affected its members in respect of hepatitis C were not dealt with by the Finlay tribunal. I have already met the society on a number of occasions but progress in that regard was overtaken by the priority given to putting the compensation scheme on a statutory basis. The priority over the past four to five weeks of the small section of my Department which has the expertise to deal with these issues has been the legislation to put the compensation scheme on a statutory basis. This legislation has been cleared by the Cabinet and it should be published on Friday. I hope the Opposition will co-operate with the Government to ensure that all Stages are taken in both Houses next week. This is most important.

I pay tribute to my officials who not only worked the last bank holiday weekend but also the two previous weekends. Although there is a huge number of employees in the general health services, there are only 300 people in the Department of Health. It is difficult to put new personnel resources into this area because it takes time to build up expertise to deal with the issues.

I welcome the publication of the Bill this week, although it remains to be seen whether it will be taken next week. Regarding my supplementary questions, the Minister reiterated the points he made in his first reply. What is the Minister's best estimate regarding the timing of the optional HIV programme? It was promised for last January but will it start in June, July or August? While I accept the Minister has been subjected to a great deal of pressure and his Department had a big workload, he gave no indication there would be this delay on 17 December last when he announced the optional HIV testing programme would commence in the following month. Since the objective of Question Time is to elicit information, can the Minister give the House his best guess in what month this programme will begin and the starting dates of the two tribunals awaited in respect of HIV-infected persons and haemophiliacs?

(Limerick East): There has been no undue delay in this matter. When we received the legal advice on how to organise the optional HIV screening programme, it was pointed out that persons who might be at risk would have to be made aware of what level of risk would be involved so that they could make a valid decision on whether they would avail of the testing programme.That involved a great deal of work within the BTSB and much preparatory work. Within that period the only time the relevant section of my Department concentrated totally on putting the compensation tribunal on a statutory basis was over the past four or five weeks, of which Deputy Cowen is well aware because he had been pushing me fairly hard to get that work done. I am simply pointing out that my departmental officials worked throughout the weekends to achieve that objective.

The Deputy asked when the screening programme will begin. Preparations will be completed by the end of the month and I expect testing to take place in the course of the month of June.

As soon as I agree terms of reference with the Irish Haemophilia Society, that tribunal will begin its hearings. I could agree terms of reference tomorrow which I considered satisfactory but there are outstanding issues of concern to that society. As in all these issues, I want to engage, in advance, in the fullest possible consultation with representatives of those affected. There is not much point in establishing a tribunal unless those persons affected are satisfied with its terms of reference and have confidence in the manner in which it will proceed.

I also want it to be like the Finlay tribunal, thus ensuring that its hearings will not wander all over the area and come to no precise conclusions. I want its hearings to be focused and directed at answering precise questions prompted by its terms of reference. This will be done as quickly as possible but I do not want to tie myself to a precise date at present. The date is dependent on a satisfactory outcome of consultations, in particular with The Irish Haemophilia Society.

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