The Minister for Justice, Mr McDowell, was accused yesterday of trying to undermine the Government's commitment to an investigation into multinational drugs companies making blood products.
The accusation came from the chairman of the Irish Haemophilia Society, Mr Brian O'Mahony, after the Minister commented that he would be sceptical about taking legal actions against US drugs companies, as every cent spent on tribunals or court cases was money not spent on other health issues.
Mr O'Mahony criticised the Minister, saying he was trying to undermine the work of the Minister for Health, Mr Martin, who was engaged in discussions with his society to try to reach agreement on the form such an investigation should take.
Mr Martin told the Dáil earlier this month that the Government was likely to launch an inquiry into the actions of US-based multinational pharmaceutical companies, whose products were implicated in the infection of haemophiliacs with HIV and hepatitis C.
Mr McDowell made his remarks yesterday after being asked about a case in Canada in which a drugs company was being taken to court accused of criminal negligence.
He said he did not think they should rush into making false comparisons with other cases in other countries.
"If the option is open either to the victims or the Government, I've no doubt that the Minister for Health or the Attorney General would take appropriate action," he said.
The Minister said if people engaged in a multi-million law suit, then it must have a good chance of success. "The Government should not simply rush into action to appear to be doing the popular thing when it could be a monumental waste of resources."
Mr O'Mahony claimed that what Mr McDowell said was appalling.
"Firstly, he is going against Government policy. The Minister for Health gave a commitment that there would be an investigation. The Minister for Justice seems to be undermining this. This is an apparent solo run by the Minister for Justice," Mr O'Mahony commented.
Mr O'Mahony was further angered by the Minister for Justice's remarks that the Lindsay report was careful, well-balanced and measured.
"Mr McDowell was the AG who set up the Lindsay tribunal so he is defending his own position. The report was vague, inconclusive and incomplete," he said.
The Haemophilia Society wanted a tribunal of inquiry. Nobody was asking to take court cases, he said.
If the Government had the moral courage to go after the drugs companies it could reclaim the costs, he added.
Earlier this year, Mr Paul Gardiner SC went to the US to look into the feasibility of such an investigation. His report was given to the Minister for Health and to the society.
Mr O'Mahony said he would be meeting the Minister for Health within the next two weeks to discuss the appropriate form of an investigation, taking into account Mr Gardiner's report. He said 79 people had died in the State because of the actions of drugs companies.
A spokesman for the Department for Health said no decision had been made yet on what form the investigation into the multinational drugs companies would take. "None of the options, which include a tribunal of inquiry or legal actions, has been ruled out. The Minister's view is that he was not going to be rushed into it. He wants a method that the Government and the IHS would be agreeable to," the spokesman said.
He added: "It has to be borne in mind that it will have to be a method with a reasonable expectation of success."