THE chief executive of the Blood Transfusion Service Board, Mr Liam Dunbar, insisted last night his reply to the Dail Committee on Social Affairs, declining its invitation to attend, was delivered to Leinster House "at 4.45 p.m. on April 30th". He says he has a courier's receipt to prove this.

The reply was to an invitation sent by the committee on April 23rd, to attend its meeting yesterday. Mr Dunbar said the reply would have been sent sooner, but "we had to receive advice, and there was a court case at that time." Last Friday (April 26th) a date was set (October 8th) for the starting of proceedings in that case.

The BTSB's refusal to appear before the committee yesterday angered members, but they were almost as incensed by the delay in informing them about this. Most committee members were not made aware until yesterday.

The committee's chairman, Mr Seamus Pattison, told members the BTSB reply had been received by the committee secretariat "at 3.30 p.m. yesterday [Wednesday May 1st]". He himself had been notified about it at 6 p.m. that day.

Speaking to The Irish Times last night, Mr Dunbar said it was never intended to offend committee members and he regretted any offence taken, but on "very strong" legal advice it was decided the BTSB should not attend yesterday's meeting. He explained it had attended the Public Accounts Committee meeting last week "to address the accounts of 1994". The fact that members of that committee had chosen to broaden matters to include the hepatitis C issue was one that "while we thought it might happen, we didn't expect it". In the event, where it was felt answers to questions might impinge on forthcoming proceedings, it was explained the matter was subjudice, "and members had no problem with that".

He said if he receives a further invitation from the chairman of the Social Affairs Committee, he "will consider it". He also said he was not protected by privilege when appearing before the committee.