THE first High Court action for damages in the hepatitis C controversy is not expected to be heard until early next year.
The case is being taken by a victim of hepatitis C blood contamination in the south east against the Blood Transfusion Services Board, the State and the National Drugs Advisory Board.
The State and the NDAB have filed their defences in the High Court but the BTSB had still not done so by yesterday.
Following the death of Mrs Brigid Ellen McCole, the Minister for Health, Mr Noonan, said he expected the BTSB to admit liability in future court cases. "However, it is not clear what position the board will adopt on claims for aggravated damages.
The woman taking the latest case is seeking aggravated and/or exemplary damages. Lawyers acting for her are to make an application next Monday to have the defences lodged. If all the parties have filed their defences by that date, it is believed the court will be asked to set an early date for the hearing.
However, it is unlikely to take place before the beginning of 1997.
In the interim, the Tribunal of Inquiry into all issues of doubt and uncertainty surrounding the infection of people by the Anti D vaccine administered by the BTSB is to get under way "as soon as possible", Government sources said.
No decision had yet been made on which High Court judge should be asked to act as the sole member of the judicial inquiry, they added. There is speculation in political circles that the judge will be a woman.
Mr Noonan yesterday confirmed the terms of an early retirement package agreed with Dr Terry Walsh, the former chief medical consultant with the BTSB. He received a lump sum of £86,872 and a pension of £29,018 per annum.
Mr Ted Keyes, the former chief executive officer of the BTSB, who remained in his post for 15 months after his due retirement date in 1994, received a lump sum of £28,000 and an annual pension of £7.000, payable from the Board's pension fund.
As the Dail continued to debate a Progressive Democrats motion condemning the Minister for his handling of the controversy, the Fine Gael parliamentary party and individual party TDs, rallied behind Mr Noonan.
After a briefing from the Minister on the issues, the chairman of the parliamentary party, Mr Phil Hogan, condemned what he termed the Progressive Democrats "reckless disregard for blood supply". Ms Liz O'Donnell, in particular, had helped to create an impression in the Dail that Mr Noonan was responsible for the "appalling human tragedy".
"The Minister has handled it (the controversy) as best he could... He accepts he must, have political accountability in the Dail. When you accuse the Minister of a cover up, it is something that could undermine the confidence of the public in giving blood," Mr Hogan said.
He conceded that, "as well as the human tragedy involved", people in his parliamentary party were conscious of the political implications of the scandal.
Saying Mr Noonan deserved praise for much of his actions in the tragedy, the Fine Gael backbench TD, Mr Alan Shatter, asked who truly represented the interests of members of the public who had been seriously damaged or wronged by the State.
"When the State's legal team opposes a court application for anonymity made by a woman whose life has been destroyed by the negligence of a State body, on the basis of what principle is such opposition voiced? What was the public interest in forcing the late Mrs Brid McCole to be publicly named and identified as having hepatitis C? There can have been none", he said.