Vol. 544 No. 3
303 Mr. Yates asked the Minister for Health and Children the action the Government is taking to establish a new tribunal of inquiry into the infection and deaths of 77 people who used US sourced blood products to treat their haemophilia; and if he will make a statement on the matter. [28598/01]
On 25 October I informed the House that the chairperson of the Lindsay Tribunal had stated she did not believe it would be correct for her to consent to an amendment of her terms of reference to enable the tribunal to investigate the actions of certain multinational pharmaceutical companies. She stated that she believed it would be fundamentally unfair to the parties before the tribunal and to the persons who have co-operated with the tribunal to alter the terms of reference in the manner suggested at this very late stage in its work.
I also informed the House that, notwithstanding the complex legal difficulties associated with an Irish tribunal seeking to investigate entities in other jurisdictions, I was consulting the Attorney General in relation to the options available. Following those consultations, the Government agreed that I should appoint a senior counsel to produce a report about the position in Ireland and the United States in respect of a possible investigation into the actions of the multinational pharmaceutical companies whose products are implicated in the HIV and Hepatitis C infection of persons with haemophilia.
On 7 November I appointed Mr. Paul Gardiner, senior counsel, to investigate and consider what steps are open to the State to instigate an effective inquiry into matters arising outside the State which relate to the infection of persons with haemophilia in Ireland. In the course of his investigations, he will consider the legal opinions and advice obtained to date both by my Department and by the Irish Haemophilia Society on the issue of obtaining documentation in the United States.
Mr. Gardiner will travel as soon as possible to the United States where he will visit with and take legal advice from US lawyers in relation to an application being made for access to the document depository in Pensacola, Florida. This depository was created to ensure that all American HIV infected haemophiliacs had access to a similar quality and volume of documentation in relation to their litigation against the pharmaceutical companies. It had been suggested that the imminent closure of the depository would affect any attempt by an Irish entity to access these documents.
As I have already informed the House, assurances have been furnished that, while there is a possibility that these documents may be moved to a different site or sites, they will not be destroyed. Lead counsel for the depository has also given an assurance to the IHS solicitors that, should the pharmaceutical companies seek the return of their documents, this will be opposed.
Mr. Gardiner will ascertain the legal position regarding the maintenance of the documentation in the depository, and the possibility of ensuring the documentation is retained at its current location. He will liaise with the solicitors acting for the IHS and will be happy to consider any suggestions which they might make in relation to his investigations. On completion of his investigations, Mr. Gardiner will complete a report on all the relevant matters and submit it to me for presentation to Government.
