Three groups denied role at hepatitis inquiry

THREATS of legal action have followed yesterday's ruling by the chairman of the hepatitis C tribunal to refuse legal representation at the inquiry to the Irish Haemophilia Society, Transfusion Positive and the Irish Kidney Association.

With 10 days to go before the tribunal opens on December 2nd, Mr Justice Finlay ruled he was not satisfied the participation of the three organisations was "either necessary of appropriate".

He added, however, that individuals from the groups could give evidence and be legally represented. He also granted legal representation to a former Blood Bank biochemist, Dr Stephen O'Sullivan, whom he described as a witness of relevance and importance.

Others who will also be represented at the tribunal are the Minister for Health; the Department of Health; the Attorney General; the Blood Transfusion Service Board; the National Drugs Advisory Board; the Positive Action group and the family of the late Mrs Bridget McCole. Mrs McCole was a member of Positive whose legal team will also represent her family.

Criticism of yesterday's ruling was led by Transfusion Positive, which represents about 150 people infected with hepatitis C through blood transfusions. Its members include "Patient X", a woman said to have been the original source of contaminated plasma in the 1970s.

Expressing "shock and disbelief" at the decision, a spokesman for the group said the ruling contradicted the Minister's declaration that the tribunal would examine all the issues.

In a statement, the group said it was looking at all the legal options but "the proper solution is for Mr Noonan to personally intervene to honour his commitment that the tribunal would leave no unanswered questions.

"All along, the hundreds of men, women and children infected with hepatitis C through blood transfusions have been the forgotten victims of this affair. They had to fight for the right to be included in the compensation tribunal, the Health Act and this tribunal of inquiry.

"Unless Transfusion Positive has full representation at the tribunal, we are seriously concerned that not all of the right questions will be asked and that this tribunal will not get to the bottom of the hepatitis C scandal", the statement said.

Meanwhile, after a meeting last night, the Irish Haemophilia Society said it also was investigating its legal options in the wake of the ruling. A spokeswoman, Ms Rosemary Daly, said 210 of the group's members had been infected and three had died.

The society was "devastated" by the decision to deprive it of representation, she said.

Delivering yesterday's ruling, Mr Justice Finlay said it was clears that, aside from public interest in the facts and the conclusions to be reached, the victims of infection by blood products had a very special and "in many instances a very tragic interest" in the matters under inquiry.

But he said it would not be conductive to the clarity and efficiency of the tribunal's work to grant legal representation as participants to "every group of persons who have been the unfortunate victims."

Of the three organisations excluded, he said their participation as groups in the inquiry appeared neither necessary nor appropriate. He added that where individual witnesses from the groups were called to give evidence and he was satisfied that they needed the assistance of a lawyer, he would make the appropriate order.