Vol. 505 No. 3
147 Mr. Creed asked the Minister for Health and Children the reason for the delay in the establishment of a tribunal of inquiry into the circumstances of infection of people with haemophilia with HIV and hepatitis C. [13511/99]
149 Mr. Gregory asked the Minister for Health and Children when the tribunal of inquiry into the circumstances of infection of people with haemophilia with HIV and hepatitis C will be established. [13526/99]
158 Mr. Sheehan asked the Minister for Health and Children when the Government will be advised on the establishment of a tribunal of inquiry into the circumstances of infection of people with both HIV and hepatitis C; and the reason the commitment given by him that the final draft of the terms of reference would be submitted to Government on 30 March 1999 was not honoured. [13555/99]
173 Mr. Higgins (Dublin West) asked the Minister for Health and Children the reason for the delay in establishing the promised tribunal of inquiry into the circumstances leading to the infection of people with haemophilia with HIV and hepatitis C; and when this tribunal will now be set up. [13712/99]
192 Mr. Gormley asked the Minister for Health and Children the status of the final terms of reference for the tribunal on the infection of haemophiliacs with HIV and hepatitis C; the reason for the delay in the publication; and if he will make a statement on the matter. [13768/99]
193 Mr. Deenihan asked the Minister for Health and Children when the Government will establish a tribunal of inquiry into the circumstances of infection of people with haemophilia with HIV and hepatitis C; and if he will make a statement on the matter. [13769/99]
I propose to take Questions Nos. 147, 149, 158, 173, 192 and 193 together.
At its meeting today, the Government approved the text of a draft order providing for the establishment of a tribunal of inquiry to investigate the infection with HIV and Hepatitis C of persons with haemophilia. The tribunal will also investigate the circumstances of the infection with HIV of the person known as "the Kilkenny health worker" following a blood transfusion in July 1985 and the circumstances surrounding the issue of untested platelet concentrates in December 1985, the donor of which was subsequently diagnosed as HIV positive.
Due to the special position held by the Irish Haemophilia Society in that it represents persons directly affected by the HIV and Hepatitis C contamination of blood products, my officials and I have been in consultation with the society in relation to the issues to be examined by the tribunal. It appears that most blood products implicated in the infection of haemophiliacs with Hepatitis C and HIV were manufactured by pharmaceutical companies in the USA, some based on blood donated there and some based on blood donated in Ireland and sent for processing. In order to fully investigate the source of the infections the IHS felt that the tribunal should, if possible, inquire into the relevant operations of the pharmaceutical companies concerned.
It was necessary to take advice from counsel here and consult with attorneys in the United States in relation to this matter. The advice received indicates that an Irish tribunal would face considerable difficulties in attempting to investigate the actions of companies or agencies based outside the State. I am advised that as a tribunal of inquiry is not a court, it is most unlikely that US courts would be able to assist by enforcing discovery orders or compelling the attendance of witnesses.
Having regard to the legal advice, the proposed terms of reference include a provision which would enable the tribunal to investigate anything arising outside the State that it considers relevant in so far as the tribunal considers it practicable, appropriate and reasonable to do so and considers that the procedures adopted for the purpose can be carried out without unduly delaying the completion of the inquiry and with a substantial expectation of being able to obtain the evidence necessary for the investigation.
