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Dáil Éireann díospóireacht -
Thursday, 29 Jan 1998

Vol. 486 No. 2

Written Answers. - Hepatitis C Tribunal.

Proinsias De Rossa

Ceist:

36 Proinsias De Rossa asked the Minister for Health and Children the terms of reference agreed with the Irish Haemophilia Society in relation to the promised tribunal of inquiry into HIV and hepatitis C infection of blood and blood products; when the tribunal will commence; the reasons for the long delay in setting it up; and if he will make a statement on the matter. [2138/98]

Ruairí Quinn

Ceist:

48 Mr. Quinn asked the Minister for Health and Children if he will give details of his intentions and the timescale for a tribunal of inquiry to examine the infection of haemophiliacs with both hepatitis C and HIV. [2144/98]

Seán Barrett

Ceist:

68 Mr. Barrett asked the Minister for Health and Children the reason for the delay in agreeing with the Irish Haemophilia Society the terms of reference for the establishment of a tribunal to investigate the background to the infection of haemophiliacs with HIV through factor 8 and factor 9 blood products; when the terms of reference will be published; when the promised tribunal will be established; and if he will make a statement on the matter. [2191/98]

Alan Shatter

Ceist:

152 Mr. Shatter asked the Minister for Health and Children the reason for the delay in agreeing with the Irish Haemophilia Society terms of reference for the establishment of a tribunal to investigate the background to the infection of haemophiliacs with HIV through factor 8 and factor 9 blood products; when it is anticipated the terms of reference will be published and the promised tribunal established; and if he will make a statement on the matter. [2344/98]

I propose to take Questions Nos. 36, 48, 68 and 152 together.

I want to assure the House that I am committed to establishing a tribunal of inquiry into HIV and hepatitis C infection of blood and blood products. I reject the suggestion that there has been any unreasonable delay in progressing this matter. Over the last few months, I have devoted a great deal of time and attention to matters relating to the blood supply and blood safety. Among the measures that I have set in place are: (i) approval of arrangements for the supply of recombinant Factor VIII from early this year and for the supply of recombinant Factor IX when it becomes commercially available in the interests of enhanced safety for people with haemophilia; (ii) establishment of the hepatitis C compensation tribunal on a statutory basis and the establishment of the reparation fund to allow claimants to obtain an additional 20 per cent of their award in lieu of the tribunal assessing aggravated and exemplary damages; (iii) settlement arrangements to give claimants to the hepatitis C compensation tribunal the option of settling their claims without having to make a personal appearance before the tribunal; (iv) introducing arrangements for the making of payments from the reparation fund in respect of persons who have died since accepting an award of general and/or special damages from the compensation tribunal; and (v) initiating a major review of the primary and secondary health care services for persons with hepatitis C to ensure that the services are effectively meeting the needs of those affected.
At a meeting with representatives of the Irish Haemophilia Society in the autumn, I gave an assurance that the society would be consulted in relation to the preparation of terms of reference for the next tribunal. Discussions have been taking place between representatives of the society and officials of my Department with a view to clarifying in detail the matters that the society wishes to have investigated.
A number of legal and other matters need to be resolved before the terms of reference for the next tribunal can be finalised and submitted to the Government for approval. At this stage, it would appear that the next tribunal will inquire into events as far back as 1973 which are relevant to the infection of persons with haemophilia with HIV or hepatitis C, will address complex issues about the selection, manufacture and application of clotting factor concentrates imported for use in Irish hospitals or manufactured by the Blood Transfusion Service Board. The tribunal will also address the circumstances of the HIV infection of the Kilkenny health worker who contracted HIV from a blood component in 1985 prior to the introduction of HIV screening. My Department is corresponding with the solicitors involved in relation to the matters arising from this case which should be investigated by the tribunal.
As soon as the various issues have been agreed with the relevant parties, my Department will request the Attorney General's Office to prepare terms of reference. On approval by Government, I will bring the terms of reference to the Dáil and Seanad by way of motion to establish the tribunal.
It is hoped that the tribunal will be established in April, will commence public hearings in June and will report in the autumn.
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