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Tribunals of Inquiry.

Dáil Éireann Debate, Wednesday - 7 April 2004

Wednesday, 7 April 2004

Ceisteanna (70)

Róisín Shortall

Ceist:

61 Ms Shortall asked the Minister for Health and Children about his commitment to hold an inquiry into the role of multinational drug companies in the contamination of blood products. [10795/04]

Amharc ar fhreagra

Freagraí scríofa

I appointed Mr. Paul Gardiner, Senior Counsel, to produce a situation report on 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. He liaised with solicitors acting for the Irish Haemophilia Society as part of his investigations. Mr. Gardiner travelled to the United States and spoke to a number of relevant experts, including the lead counsel in the HIV haemophiliac litigation there. He also received legal advice from a major New York law firm on the matters relevant to his investigations.

Mr. Gardiner furnished a report to me that 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 to enforce the discovery of documents or compel the attendance of witnesses. I briefed my Cabinet colleagues on the content of the report and I provided the IHS with a copy of it.

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

Other legal avenues are also being explored in consultation with the Attorney General and the legal representatives of the IHS. I shall maintain contact with the society on this issue.

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