Republican News · Thursday 7 November 2002

Sinn Féin concerns at Lindsay report

Commenting in the Dáil on Wednesday in the debate on the Lindsay Tribunal report, Sinn Féin TD Arthur Morgan welcomed the publication of the report into the infection with HIV and Hepatitis C of persons with Haemophilia and related matters.

He welcomed the government's commitment to implement the report's recommendations and the decision to refer the report to the Director of Public Prosecutions but said there were a number of issues of remaining concern.

He pointed to the response to the report by the Irish Haemophiliac Society, which said in the course of establishing and participating in the Inquiry, people with haemophilia represented by the society had to overcome many obstacles. The society expressed concern over the adversarial attitude of the Tribunal towards people with haemophilia and their families. It specified two incidents: The comments of John Finlay SC on behalf of the Tribunal, who during the course of the evidence of Linda Dowling, whose father died from the consequences of HIV and Hepatitis C infections, said that the Tribunal should not 'overindulge' the witness any longer; and also the incident of Finlay's question to one witness who contracted HIV regarding how he had spent his compensation money.

"The disappointment of the society over this report becomes increasingly clear when one sees the obstacles it overcame," said Morgan. "Particularly harrowing was the difficulties it faced in its attempts to obtain priority for their witnesses, many of whom were seriously ill, in the order of witnesses to deliver evidence before the inquiry. In light of all this, the victims deserved a more thorough investigation and a conclusive report.

"On reading Judge Lindsay's Report I was extremely disconcerted to find that it failed to assign responsibility for infection of haemophiliacs with HIV and hepatitis C.

"I would ask why the Lindsay Report does not include any criticisms of Armour Pharmaceuticals Limited, a company which took the decision in June 1988 to continue supplying a product to the BTSB which it had serious safety concerns regarding. Evidence was given to the Tribunal of the knowledge of Armour of the HIV infection risks posed by their products, which they continued to distribute in Ireland."

Morgan said he was concerned that the Tribunal failed to investigate certain matters:

1. Why were all board members of the BTSB not called to give evidence?

2. Why did the Tribunal fail to investigate various Ministers for Health who had ultimate responsibility for policy decisions such as the non-implementation of national policy in respect of Council of Europe recommendations?

3. Why the did the Tribunal fail to investigate the late Sean Hanratty, former BTSB Chief Technical Officer. He had a key role in deciding what product was used and was also a director of a company which acted as an intermediary for Miles Laboratories Incorporate, which supplied non-heat treated and unscreened 'Cutter' products which were responsible for some of the Irish infections. Hanratty was also responsible for destroying BTSB paperwork that could have identified precisely which products caused infection.

Morgan also asked Health Minister Mícheál Martin to clarify precisely what he had in mind in his recent comments about the possibility of the establishment of a "useful investigation" to probe the role of the pharmaceutical companies.

"Sinn Féin has called for the establishment of an adjudicative tribunal to investigate the role of the pharmaceutical companies because it is our belief that any other form of inquiry or tribunal will not result in those responsible for the infection with HIV and Hepatitis C of persons with Haemophilia being held accountable," said Morgan.

"We should look carefully at why this Tribunal was not to the satisfaction of the people who were most affected by the contamination of blood products and why it has not brought closure to this tragic episode in the history of the blood services in Ireland. The terms of reference of all future tribunals will need to be considered in much greater detail in order that they are sufficient to allow for a full investigation of all the relevant facts."