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Dáil Éireann debate -
Wednesday, 10 Oct 2001

Vol. 541 No. 5

Written Answers. - Tribunals of Inquiry.

Gay Mitchell

Question:

213 Mr. G. Mitchell asked the Minister for Health and Children if he will extend the terms of reference of the Lindsay commission in order to meet the concerns of the Irish Haemophilia Society; and if he will make a statement on the matter. [23375/01]

On 27 July 2001 the chairperson of the tribunal, Judge Lindsay, ruled on an application by the IHS for the tribunal to carry out an investigation of the US-based pharmaceutical companies. Judge Lindsay said that the tribunal has investigated any matters arising outside the State which are relevant to her terms of reference by means of hearing evidence from international experts, and has heard a considerable amount of detailed evidence on these issues. The tribunal has also investigated relevant communications between the pharmaceutical companies and relevant persons in the State. Judge Lindsay said that her terms of reference do not require her to undertake an investigation into the activities of the pharmaceutical companies.

The IHS wrote to me on 6 September 2001 seeking an extension to the tribunal's terms of reference which would enable it to carry out an investigation into US-based pharmaceutical companies. I met with representatives of the IHS on 27 September in order to hear their concerns at first hand.

Under the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998, the terms of reference of a tribunal can only be amended where the tribunal has consented to the proposed amendment, following consultation with the Attorney General on behalf of the relevant Minister, or where the tribunal itself has requested the amendment. This consultation process is now in train.

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