The Haemophilia Infection Inquiry resumed yesterday, with strong disagreement on whether haemophiliacs who were infected with HIV and hepatitis C through contaminated blood products should have priority in giving evidence because of their state of health.
The tribunal is investigating how 260 people with haemophilia became infected with HIV and hepatitis C. Of those, 62 have died. Yesterday's hearing dealt with procedural issues and applications from the Irish Haemophilia Society.
Mr Martin Hayden, counsel for the society, submitted to the chairwoman, Judge Alison Lindsay, that victims should have priority as witnesses. He said there was the danger of time. One person had died in the last month. Mr John Finlay SC, for the tribunal, said it was for the tribunal to decide in what order witnesses should be called. No party or group could be given an absolute priority.
On the other hand, if a witness's state of health was of such urgency that he or she wanted to give relevant evidence, that would obviously be a different matter. The tribunal would consider it very carefully as it arose.
Mr Hayden said: "This is not an inquiry into brown bags to politicians or rezoning or other factual matters. This is about people's lives, their deaths and the effects on their families."
One of the witnesses they had intended to call had died. An HIV-related illness tended to hit the victim unexpectedly. In these circumstances, a witness could be functioning normally and then be hit, without having time to make an application to the tribunal. Mr Hayden made submissions on a memorandum on procedures issued by the tribunal. He said there seemed to be little provision for the concerns of victims. It appeared from the memo that it was the tribunal's intention to select experts to give evidence. The tragic events took place since the 1970s and experts who had built a rapport with the victims should be permitted to give evidence. Mr Hayden said the tribunal should not be allowed to decide which documents were relevant.
Mr Finlay said the memo stated that the tribunal would consider all suggestions in deciding which witnesses would be called. If somebody thought a relevant document had been omitted they could bring that to the attention of the tribunal.
The chairwoman said she would give judgment next Tuesday. She said she had to take issue with Mr Hayden on his remarks about the concern shown by the tribunal to victims who may be suffering very much.
"We have at all times tried to facilitate anybody who wanted to give evidence to the tribunal," she said. Limited legal representation was granted yesterday to the Adelaide and Meath Hospitals, incorporating the National Children's Hospital; the Mid-Western Health Board; the Western Health Board; the North-Eastern Health Board; and the Southern Health Board.