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Dáil Éireann díospóireacht -
Wednesday, 19 Nov 2003

Vol. 574 No. 5

Written Answers. - Irish Blood Transfusion Service.

Brian O'Shea

Ceist:

106 Mr. O'Shea asked the Minister for Health and Children further to his commitment that there would be an inquiry into the role of multi-national drug companies in the contamination of blood products, if it is now the Government's position that no decision will be taken on this matter until the proposed Committees of Investigation Bill has been enacted; and if he will make a statement on the matter. [27563/03]

The House is aware that I appointed Mr. Paul Gardiner, senior counsel, to produce a situation report about the position in Ireland and the US 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 respect of 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 will provide judicial assistance to an Irish tribunal, either in 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 will be possible to mount a useful investigation which can access publicly available material and seek the assistance of persons and bodies willing to co-operate with it. The Committees of Investigation Bill may provide an appropriate mechanism for this inquiry. I intend to maintain contact with the Irish Haemophilia Society about the format and scope of the proposed investigation.
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