DESPITE demands from victims of the hepatitis C scandal, the Government is refusing to increase the amount on offer for aggravated damages to those infected with the virus through contaminated blood products.
The Heads of a Bill to place the Hepatitis C Compensation Tribunal on a statutory footing were circulated last night but drew immediate criticism from the Opposition for failing to increase the original offer of a 15 per cent top up for aggravated damages to be paid in addition to the ordinary damages.
Under the legislation, the State reserves the right to appeal against aggravated and exemplary damages while the claimant has a right of appeal to the High Court against the tribunal findings.
Though it appears from the Heads of the Bill that the Government is not willing to move from the 15 per cent offer, the chairwoman of Positive Action Ms Jane O'Brien, said her group did not regard the matter as concluded. The Minister for Health Mr Noonan, had written to Positive Action yesterday, she said, explaining that he would take the matter to Cabinet again.
"We are giving the Heads of the Bill detailed consideration in consultation with our legal advisers. We welcome the Minister's decision in a letter to Positive Action that he will be raising with Cabinet our group's position with regard to the percentage adjustment of the reparation fund," she said.
Positive Action wants the reparation fund to stand at 20 per cent. The Irish Kidney Association has asked for 25 per cent.
Meanwhile, Fianna Fail is to attempt to get Mr Noonan and his predecessor Mr Howlin, to give evidence to the Committee of Social Affairs on the legal strategy adopted in the case of the late Mrs Brigid McCole.
A meeting of the committee yesterday agreed that the chairman, Mr Seamus Pattison, would write to the Chief State Solicitor's Office, members of the State's legal team and the Attorney General's office asking them to send representation to a meeting on Wednesday where the matter will be investigated.
Fianna Fail's health spokesman, Mr Brian Cowen, wrote to Mr Pattison saying he was seeking to establish why the Government and State agencies acted in the wax they did when Mrs McColc initiated her legal action.
Such strategy is not decided by the courts and it is my legal advice that there is no legal barrier preventing the disclosure of who authorised that strategy," he said.
He requested the chairman to allow the committee to take up the matter.