Written Answers. - Tribunals of Inquiry.
Billy Timmins
Question:
116
Mr. Timmins
asked the
Minister for Health and Children
when he will honour the Government's commitment to the establishment of a tribunal of inquiry into the circumstances of infection of members of the Irish Haemophilia Society with both HIV and hepatitis C.
[13874/99]
Austin Deasy
Question:
124
Mr. Deasy
asked the
Minister for Health and Children
when he will finalise the draft of the terms of reference for the tribunal of inquiry into the circumstances of infection of people with haemophilia with HIV and hepatitis C; and if he will ensure that there are no further delays in this regard.
[14000/99]
Richard Bruton
Question:
125
Mr. R. Bruton
asked the
Minister for Health and Children
the reason for the delay in agreeing terms of reference and establishing a tribunal of inquiry, which were to be in place by 30 March 1999, into the infection of people with haemophilia with HIV and hepatitis C; and if he will make a statement on the matter.
[14001/99]
I propose to take Questions Nos. 116, 124 and 125 together.
At its meeting yesterday – 25 May 1999 – 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 main issues to be examined by the tribunal are as follows; which products caused, or probably caused, the infection; the role of the Blood Transfusion Service Board (BTSB), medical consultants and others in product selection; the prevailing state of medical and scientific knowledge; implementation of self sufficiency policy by BTSB;selection procedures with regard to manufacturers and fractionators; donor selection; donor testing; donor screening; plasma quarantine criteria; viral inactivation procedures; follow-up measures in respect of tracing, offering testing and minimising risk of infection; response to discovery that persons had been infected; role of the National Drugs Advisory Board (NDAB); supervision of NDAB and BTSB by the Department of Health.
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 concentrate in December 1985, the donor of which was subsequently diagnosed as HIV positive.
Because of 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, therefore, the IHS felt that the tribunal should, if possible, inquire into the relevant operations of the pharmaceutical companies concerned.
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.
The Attorney General and I met representatives of the society and its legal advisers on Friday, 21 May. At that meeting, the IHS indicated that they were satisfied that the proposed terms of reference comprised all the issues which they wish to have examined by the tribunal. The IHS also indicated their support for the provision relating to the international aspect of the tribunal.
At yesterday's meeting, the Government also approved the moving of the necessary motion in the Dáil and Seanad to establish the tribunal. I will be making arrangements for the moving of the motion in both Houses of the Oireachtas as soon as possible.
