Positive Action, which represents hundreds of women infected with hepatitis C by the BTSB, insists the criminal law allows for a prosecution, in spite of the Director of Public Prosecution's decision not to press a case.
Reacting furiously to the DPP's decision, which was reached earlier this month but only revealed yesterday, Positive Action insisted the negligence of personnel in the BTSB was clearly outlined in the report of the Finlay inquiry that was sent to the DPP by the previous government in March.
Mr Justice Finlay's report concluded that responsibility for the contamination rested with named individuals who worked with the board. However, the DPP decided it was not possible to pursue a case under the criminal law "as it stands at the moment".
Saying it was "inappropriate" to comment because of the DPP's independence, the Minister for Health and Children, Mr Cowen, said the decision had been reached by the DPP following consideration of the report, relevant transcripts of evidence given to the Finlay tribunal and a "preliminary" report from the Garda.
About 1,600 people are known to have been infected with hepatitis C through blood or blood products. More than 1,000 of these are estimated to have contacted the virus through anti-D.
The DPP informed the Minister on October 6th that he was satisfied it was not possible to initiate a prosecution under the criminal law in respect of any of the matters disclosed in the Finlay report.
But, following legal advice, Positive Action takes the view that a prosecution is indeed possible under law governing criminal negligence leading to death. Mrs Brigid McCole died a year ago this month as a direct result of receiving contaminated anti-D.
According to the Fine Gael spokesman on health, Mr Alan Shatter, it was "disappointing" that the DPP had concluded no prosecution could be brought.
"Where a person vested with a specific duty behaves with such recklessness or gross negligence as to endanger the life or health of others, such dereliction of duty should be a specific criminal offence under our law. New legislation should be introduced without delay to address this gap in our law," he added.
The Democratic Left health spokeswoman, Ms Liz McManus, said that while the independence of the DPP must be respected, the decision was "an unsatisfactory end to one of the greatest medical scandals in Irish medical history".