THE Minister for Health, Mr Noonan, said the tribunal of inquiry into the hepatitis C issue would address "very difficult and sensitive issues surrounding one of the worst public scandals which has arisen for many years".
He outlined the tribunal's terms of reference as announced on Tuesday and said Mr Justice Thomas Finlay, the former Chief Justice, had agreed to act as chairman and sole member.
Mr Noonan also again apologised to the family of the late Mrs Brigid McCole. "Yesterday, I apologised unreservedly for any upset which I may have inadvertently caused to the members of the family in raising questions about the conduct of her case by her solicitors.
"I want to again assure each and every one of them of my deep regret about any hurt which my remarks caused. I hope that they will accept my apology in the spirit in which I have been gladly willing to make it and repeat it in this House today."
The Minister also said the tribunal was being asked to deliver an interim report not later than the 20th day of any oral hearings.
A tribunal of inquiry was the ultimate mechanism available to the House to establish the full truth surrounding any matter of major public concern. "It is not a power that is lightly used," he said. This was only the sixth occasion since 1975 that the procedure was invoked.
The tribunal had the same powers, rights and privileges as the High Court, including compelling witnesses to attend and the production of documents. It was an offence to disobey a summons to appear, not to produce documents requested or to obstruct the tribunal, and fines up to £10,000 or two years' imprisonment could be imposed.
The hearings must be in public, unless the tribunal considered it was in the public interest not to, "for reasons connected with the subject matter of the inquiry", he said.
There had been a general welcome for the Government's decision. "Despite the costs involved, it would appear that because the infection of blood and blood products was such a major scandal and because there was a need to use all available means to establish the full facts of what happened there is an acceptance that on this occasion a tribunal is the right mechanism.
The establishment of the truth was obviously of most importance to those whose health had been affected, but it was also important for the democratic system that critical issues of accountability and responsibility be addressed.
The inquiry would start with the considerable advantage of the report of the expert group, chaired by Dr Miriam Hederman O'Brien, and it would have full access to all the documents discovered in preparation for the late Mrs McCole's High Court case, the Minister said.
The tribunal could rely on the full co operation of his Department and the other bodies under the aegis of the Department. He said there was specific reference in the terms of reference to the questions raised in the open letter on October 9th by the family of Mrs McCole.
Mr Noonan said the tribunal was being asked to report on an interim basis not later than the 20th day of any oral hearings. That, coupled with the express wish to conduct the inquiry in as economical a manner as possible, reflected the Government's concern with maintaining confidence in a tribunal of inquiry as an effective and efficient means of getting to the bottom of contested matters of major public concern.
"These provisions are innovative but they derive directly from the experience gained in the establishment and conduct of previous inquiries," he said.
The Government had agreed to a recommendation from the Attorney General that there be three legal teams, representing the tribunal itself, the State and the public interest. It was the first time that a team representing the public interest would be appointed, Mr Noonan said.
The tribunal would have power to authorise the legal representation of any person appearing before it. It could decide who should be legally represented and it could direct that costs be borne by any "other person, including the State.
As this inquiry into past failures was established, Mr Noonan said the commitment to implement measures recommended in the Hederman O'Brien and Bain reports on improving the blood transfusion service and haematology in our hospitals must be renewed.
The Minister of State for Urban Renewal, Ms Liz McManus, said that Mr Noonan on Wednesday was "grossly insensitive to the feelings of hepatitis C victims. He is not the first man in this House to wound the feelings of women. And in the nature of human relationships between women and men it is unlikely that he will be the last. He did wrong in what he said and he did right in apologising swiftly and unreservedly."
Mr Noonan had inherited a complex saga of damages and neglect, extending back over 20 years and over the stewardship of many ministers. "In meeting the needs of those so terribly affected, Deputy Noonan has shown himself not just to be a good Minister but also a good man," she said.
The House adopted the terms of reference of the tribunal. Fianna Fail called for an amendment to "direct" Government Departments to co operate with the tribunal, but the Minister said this was implied in the terms. The FF amendment was defeated by 67 votes to 50.
Mr Noonan accepted an FF proposal to safeguard the anonymity of victims at the tribunal, "so far as this may be possible".