Blood board declines to meet committee in view of legal action

A DELEGATION from the Blood Transfusion Service Board (BTSB) declined to appear before a Dail committee yesterday to discuss the hepatitis C issue, as "it would not be appropriate".

They were invited to attend a meeting of the Select Committee on Social Affairs yesterday, in a letter dated April 23rd last. Their reply, dated April 30th, declining the invitation, was not received by the committee secretariat until 3.30p.m. on May 1st, according to the committee chairman, Mr Seamus Pattison. Most committee members were unaware of the reply until yesterday.

During yesterday's meeting it was decided to invite BSTB members again "next week" to explain their reasons. It was also decided to invite the Government's expert committee, set up to investigate the hepatitis C issue, to appear before the committee.

The committee also "expressed the view" that the June deadline - by which infected people must choose to go before the hepatitis C tribunal or take action through the courts - should be extended.

Mr Liam Dunbar, chief executive officer of the BTSB, said that in view of pending High Court proceedings "it would be inappropriate for a delegation from BTSB to attend before the committee to discuss the hepatitis C issue." He also said the BTSB would be "vigorously contesting" recent allegations relating to the implications of a clinical diagnosis of infectious hepatitis in November/December 1976.

The Fianna Fail spokeswoman on health, Mrs Maire Geoghegan Quinn, said she did not understand the position adopted by the BTSB. It was "nonsense" to suggest, she said, that they could appear before the Public Accounts Committee last Thursday and were unable to appear before the Social Affairs Committee yesterday.

She wondered if the BTSB had made contact with the Minister for Health, Mr Noonan, or officials in his Department, and if so, when. She felt the BTSB was "running away from the issue".

She posed several questions arising out of recent developments in the matter:

. Was the Government's expert group, set up to investigate the hepatitis issue, told about the woman known as "donor X", who had infective hepatitis, and if so why were there no references to this in its report?

. Why had the Minister of State for Health, Mr Brian O'Shea, informed the Dail that the expert group had the information about "donor X" when the BTSB had told the Public Accounts Committee the expert group had not seen that file?

. Why was the file itself not found for three years, and then only because discovery was granted in a court case?

She proposed the committee write to Dr Miriam Hederman O'Brien, chairwoman of the expert group, and the "two very eminent scientists" who were her colleagues, asking them to appear, before the committee.

Mr Joe Costello (Labour) said it was "disturbing" that "at the eleventh hour" the committee should have been informed the BTSB delegation was not to appear.

The Progressive Democrats' spokeswoman on health, Ms Liz O'Donnell, said the failure of the BTSB to appear before the committee "calls into question the validity of any group set up by this House to find the truth."

She also said that if it was the case that the truth could only be established through the courts, it was unfair to expect the women concerned to make up their minds - on whether to go before a tribunal - before the June deadline.

Ms Therese Ahearn (FG) expressed "shock" at hearing the BTSB was not to appear before the committee.

Mr Chris Flood (FF) said the BTSB failure to attend highlighted again the inadequacy of committee powers when it came to the compellability of witnesses.

Ms Frances Fitzgerald (FG) wondered about the scope of the committee's powers in such "a serious issue of justice for all concerned".

Ms Mary Flaherty (FG) agreed that the deadline for women infected with hepatitis C should be extended.

The committee as a whole agreed to convey to the Minister for Health that it had "expressed the view" that the extension date for infected women be extended beyond the June deadline.