Dáil Éireann debate -
Thursday, 22 Apr 1999

Vol. 503 No. 5

Written Answers. - Tribunal of Inquiry.

Liz McManus

Question:

42 Ms McManus asked the Minister for Health and Children the reason for the delay in agreeing the terms of reference for the tribunal of inquiry, which he announced at the end of February 1999, into circumstances surrounding the contracting by haemophiliac and other blood product users of the HIV virus; when the tribunal will commence hearings; and if he will make a statement on the matter. [10461/99]

Minister for Health and Children (Mr. Cowen)

At its meeting on 23 February 1999 the Government decided that a tribunal should be established to investigate the hepatitis C and HIV infection of persons with haemophilia and the circumstances of the infection with HIV of the Kilkenny health worker following a blood transfusion in 1985. These matters are of serious public concern and have resulted in major consequences for the health of the persons concerned.

As the Deputy is aware, the proposed tribunal will have an international dimension as blood products which were manufactured abroad and imported for use by persons with haemophilia are implicated in the hepatitis C and HIV infection of such persons. Considerable attention has been focussed on the extra-territorial jurisdiction of the tribunal to ensure that the tribunal will be workable and be given practical terms of reference which are capable of being investigated.

The current position is that the text of a motion which meets these requirements is being finalised in the Attorney-General's office. The motion will seek the establishment of the tribunal and specify the matters of urgent public importance which should be investigated. The motion will also address the issues which the Irish Haemophilia Society wish to have investigated. I expect to submit the draft text to Government shortly and, on approval, I will move the motion in both Houses of the Oireachtas as soon as practicable thereafter. Under the Tribunals of Inquiry (Evidence) Act, 1921 as amended by the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979 to 1998 it is the Oireachtas that decides on whether to establish a tribunal, and if it so decides, the definite matters of urgent public importance which should be investigated.

As regards a timescale for the commencement of hearings by a tribunal, this is a matter for the tribunal itself.