Michael Creed
Question:164 Mr. Creed asked the Minister for Health and Children if he will review his decision not to grant funding for legal costs to the Haemophiliac Society of Ireland. [11458/00]
Written Answers. - Haemophilia Tribunal.
I am glad to say that agreement has been reached with the Irish Haemophilia Society in relation to a package of exceptional financial assistance for the society in respect of legal fees already incurred by it, and legal and other costs which it will or may incur in the course of the tribunal of inquiry. The details of the package are as follows.
I agreed to advance funds to enable the society to pay 75% of the brief fees in respect of two senior counsel and two junior counsel, and 75% of refresher fees in respect of retaining two senior counsel and two junior counsel for sitting and non-sitting days of the tribunal. The brief and refresher fees are to be based on the rates and terms applicable to State counsel. I also agreed to advance funds to allow the society to pay a retainer of £10,000 to their solicitors, monthly in arrears.
I agreed to provide an amount of £300,000, inclusive of VAT, to assist the society in retaining medical, scientific and technical experts to advise it during the course of the tribunal. I consider that this amount should be more than sufficient to allow the society to retain the experts it requires during the tribunal. However, if there is any necessity to replenish this fund, the matter will be referred to an independent referee. I also agreed to pay the society an additional £20,000 under this heading in respect of vouched expert expenses already incurred.
The tribunal has already confirmed that it will reimburse the reasonable costs incurred by witnesses, including expert witnesses, before the tribunal. It has also confirmed that it will reimburse the reasonable costs incurred by any potential witness in preparing a statement of proposed evidence for the tribunal, even where the witness is not in fact called to give evidence, provided the preparation of the statement has been sanctioned by the tribunal.
I have agreed that, where a potential expert witness has been engaged by the society and the tribunal has declined to meet the preparatory costs associated with the engagement of such a potential witness, the necessity for and quantum of such fees and expenses incurred by the potential witness will be referred to the independent referee.
I have agreed to reimburse the society in respect of vouched expenditure of £188,000 sterling for scanning and indexing documents for the tribunal. I have also reached agreement with the society on costs relating to legal work undertaken on behalf of the society on hepatitis C related issues between 1995 and 1997, and on costs relating to preparatory work undertaken by the society's legal advisers prior to the establishment of the tribunal of inquiry.
I have at all times been open, accessible and sympathetic to the society, and committed to finding a mechanism for resolving the society's financial difficulties without trespassing on the jurisdiction of the tribunal by interfering with its powers regarding the awarding of costs. It is important that the Irish Haemophilia Society can participate in this tribunal. I am happy that we have arrived at a solution regarding costs, and that the society now feels that it can take part with confidence in the tribunal.