Dáil Éireann díospóireacht -
Thursday, 9 Oct 2003

Vol. 572 No. 2

Written Answers. - Contaminated Blood Products.

Kathleen Lynch

Ceist:

45 Ms Lynch asked the Minister for Health and Children the position with regard to the promised inquiry into the role of multinational drug companies in the contamination of blood products; and if he will make a statement on the matter. [22522/03]

Minister for Health and Children (Mr. Martin)

As the House is aware, I appointed Mr. Paul Gardiner, senior counsel, to produce a situation report about the position in Ireland and in 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.

As part of his investigations, Mr. Gardiner liaised with solicitors acting for the Irish Haemophilia Society. He travelled to the United States and spoke to a number of relevant experts, including the lead counsel in the HIV haemophiliac litigation in the United States. Mr. Gardiner also received legal advice from a major New York law firm in relation to the matters relevant to his investigations.

Mr. Gardiner furnished a report to me which consisted of a 60 page opinion and a number of appendices, one of which comprised over 50 pages of legal advice from the US lawyers. The report drew attention to the fact that there is no guarantee that the US authorities would provide judicial assistance to an Irish tribunal, either in relation to enforcing the discovery of documents or compelling the attendance of witnesses. I briefed my Cabinet colleagues on the content of the report and I provided the Irish Haemophilia Society with a copy of it.

Notwithstanding the difficulties that have been identified, I believe it would be possible to mount a useful investigation which would access publicly available material and seek the assistance of persons and bodies willing to co-operate with such investigation. The Committees of Investigation Bill may provide an appropriate mechanism for this inquiry.

I intend to maintain contact with the Irish Haemophilia Society in relation to the format and scope of the proposed investigation.

Question No. 46 answered with Question No. 38.