THE Government has bowed to pressure from groups representing people infected with hepatitis C through contaminated blood products and raised its offer for aggravated damages by an estimated £40 million.
The new offer, a top-up of 20 per cent on general awards, is expected to push the overall compensation costs to an estimated £240 million.
The improved offer was welcomed last night by Positive Action as "a just and reasonable resolution of the issue". It was also welcomed by the other groups involved, Transfusion Positive, the Irish Kidney Association and the Irish Haemophilia Society.
Positive Action told the Minister for Health, Mr Noonan, some weeds ago that it wanted an additional 30 per cent. However, the Minister offered only 15 per cent. The other groups also demanded increases in excess of 15 per cent.
Up to last week sources in the Department of Health had maintained that the offer would not be increased.
The Bill to place the compensation tribunal on a statutory footing will be published later this week and the Government hopes it will pass through the Oireachtas quickly.
The existing compensation tribunal has heard more than 300 cases so far and has awarded almost £35 million, an average award of £113,000.
A spokesman for Mr Noonan said that the Minister would not be making any comment on the matter until the Bill had been published.
The chief executive of the Irish Kidney Association, Ms Patricia Doherty, said that although they had asked for up to 25 per cent they were "extremely pleased" with yesterday's decision. "We will be recommending it to our members", she said.
Ms Maura Long, chairwoman of Transfusion Positive, said she was "delighted" with the offer of 20 per cent. However, she said that the group, which comprises about 200 people, had a number of other issues they wanted addressed. These included problems with life assurance, mortgage protection, private medical care and the need for more funds to be applied to hepatitis C research.
While the Irish Haemophilia Society also welcomed the improved offer, its spokeswoman, Ms Rosemary Daly, said that members were still concerned about certain aspects of the legislation which did not "allow for, or accommodate, those not infected with hepatitis C through anti-D". She added: "I would like to see the final document that was agreed yesterday by Cabinet before it is published. In fact, I am bewildered that we have not seen it."
The Fianna Fail spokesman on health, Mr Brian Cowen, said that he questioned the decision by Mr Noonan to include in the hepatitis C legislation a right of appeal against awards to victims.
"The Minister has made provisions for the State or any of its agencies to appeal against findings for aggravated and exemplary or punitive damages. This could result in the BTSB or another agency continuing to put the victims through the wringer with appeals", Mr Cowen said.