THE Government was informed of the BTSB's legal strategy in the McCole case days after it was implemented, but was not consulted about it in advance, according to Mr Spring.
Responding to questions on the matter at the launch of his party manifesto yesterday, Mr Spring said the Blood Transfusion Service Board (BTSB) had decided upon its legal strategy in the McCole case without consulting the Government. The strategy involved making a lodgment of money in court in response to the action being taken against it by Mrs Brigid McCole.
However, the Fianna Fail spokesman on health, Mr Brian Cowen, claimed Mr Spring's comments confirmed the Cabinet's involvement in the legal strategy. Fianna Fail in government, he said, would investigate who authorised the strategy and would publish all relevant correspondence. "The Tanaiste acquiesced to the jackboot legal strategy and continues to evade questions about his involvement," he added.
The strategy meant that had Mrs McCole won her action but been awarded less than the amount lodged in court, she could have ended up being liable to pay the legal costs of both sides in the case. This strategy is commonly used by defendants to encourage plaintiffs to settle a case rather than go to court and risk massive financial loss.
According to Mr Spring, the Government had been informed of that strategy days after the BTSB had made its court lodgment. "But the action [making the court lodgment] was taken without consulting us ... I am not aware of any co-ordination between the State and the BTSB."
Mr Spring said he believed that in its response to the hepatitis C scandal the Government "got it 95 to 98 per cent right". Most people accepted that the establishment of a tribunal was the most humane way to deal with the issue.
"The McCole family should not have been treated in the manner in which they were treated," he said. Asked whether he would answer the McCole family's questions on the matter he said: "Anything that can be done to help the McCole family should be done."
To further questioning Mr Spring said that "in the circumstances, the McCole family should not have been threatened".
The party's manifesto says it will ensure "that victims of hepatitis C are provided with a comprehensive health care package and support services, and that claims for compensation are processed with speed and sensitivity".
It also says it will implement the recommendations of the Finlay report and any other measures needed to maintain public confidence in the blood supply.