A REVISED offer from the Government of an estimated £30 million for aggravated damages has been presented to the groups representing people infected with hepatitis C through contaminated blood products.
The Minister for Health met representatives of Positive Action last night to outline an agreement reached at Cabinet yesterday morning. Transfusion Positive and the Irish Kidney Association are to meet the Minister today.
Mr Noonan's revised offer combines two of the three option presented to hepatitis C victims last week: a reparation fund to give a percentage addition to every compensation award, and powers given to a statutory tribunal to decide and award aggravated damages.
The third option, which had been a State-funded arbitrator who would decide if the claimant was entitled to aggravated damages, has been ruled out. According to Government sources the Cabinet formally decided to make the compensation tribunal a statutory body yesterday, under the Heads of Bill presented last week.
However, they are still open to input from the interest groups while the Bill is at drafting stage.
It was not possible, said the sources, to make the awarding of aggravated damages mandatory because it would be unconstitutional. A judge cannot be directed to find in a certain way.
Under the proposal presented last night people going before the hepatitis C compensation tribunal would have the option of accepting a 15 per cent addition to their compensation award by the State for aggravated damages. If they were unhappy with this option they could indicate at the beginning of the case that they wished Mr Justice Egan, who presides over the tribunal, to hear separate legal argument on aggravated damages.
They now also have the option of appealing the decision to the High Court and having their case heard in camera. According to Government sources, people who have previously accepted awards will be entitled to return for the additional 15 per cent top-up.
They say that the general issue of aggravated damages has been examined and the sum is usually in the region of 5 to 10 per cent of an award.
It is believed that during previous discussions Positive Action has indicated that it would want the award for aggravated damages to be an additional 30 per cent.
The group did not wish to comment last night, only to say that it was "considering the document".
The chairwoman of Transfusion Positive, Ms Maura Long, told The Irish Times that after initial sight of the document she felt it "looked positive". However, there were a number of other issues outstanding for their members including life insurance, mortgages and the families of people who had died from hepatitis C only receiving £7,500 in compensation.
"Some issues are more important than money," she said.
After the three options had been presented last week the Minister for Health, Mr Noonan, said he could not say how much money would be set aside in a reparation fund until it had been discussed at Cabinet.
Ms Patricia Doherty, chief executive of the Irish Kidney Association, which has 50 members with hepatitis C, said of the offer "at first glance it seems fair". The group is meeting the Minister tonight to discuss it.
The existing compensation tribunal has heard more than 300 cases so far and awarded £34.8 million in compensation, an average award of £113,000. The Government believes it will eventually cost £200 million to compensate all people infected with hepatitis C through contaminated blood products.