Vol. 505 No. 6
141 Mr. O'Shea asked the Minister for Health and Children when the final draft terms of reference for the tribunal of inquiry into the circumstances of infection of people with haemophilia with HIV and hepatitis C will be finalised and brought to Government; and if he will make a statement on the matter. [14204/99]
At its meeting on the 25 of 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 pre vailing state of medical and scientific knowledge; implementation of self sufficiency policy by the 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, and supervision of the NDAB and the BTSB by the Department of Health and Children.
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 on 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. 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 its meeting on 25 May, the Government also approved the moving of the necessary motion in the Dáil and Seanad to establish the tribunal. I have made arrangements to have the motion before both Houses of the Oireachtas tomorrow, Wednesday, 2 June 1999.
