THE Minister for Health told the Dail that he would amend the compensation scheme for hepatitis C victims if the proposed tribunal of inquiry found this to be necessary.

Mr Noonan deplored the Progressive Democrats' motion. They were "trying to gain political advantage out of the tragedy", he said during a debate in private members' time.

Under the compensation scheme he could make amendments but no such amendment could remove, restrict or diminish the rights conferred under the scheme. If he was convinced that the workings of the compensation tribunal were not serving the best interests of claimants, or if he could improve the scheme, he would use his powers "to ensure that the scheme is at all times meeting the needs of persons infected with hepatitis C".

It had been suggested that the compensation tribunal be suspended until the tribunal of inquiry he proposed to establish had completed its work. That would be unfair to claimants who, on illegal advice, had decided to go to the compensation tribunal rather than pursue their claims in court.

Mr Noonan moved an amendment to the PD motion commending the measures he had taken in discharging his responsibilities, including the setting up of the compensation tribunal, ana welcoming the Government move to set up a tribunal of inquiry into the issue.

Shortly after he came into office, Mr Noonan said he received the report of the expert group on the Blood Transfusion Service. The group, under the chairmanship of Dr Miriam Hederman O'Brien, prepared a wide ranging and thorough report, but it had no power to compel witnesses or procure documents. It was not in a position to deal with the issue of legal liability. It could not encroach on the domain of the courts. Therefore, the issue of legal liability had not yet been fully determined.

The compensation tribunal approved by the Government offered numerous advantages as opposed toe court proceedings speed, informality, negligence need not be proved, the right of action was preserved unless an award was accepted and claimants could return later if unexpected consequences arose.

Awards made by the compensation tribunal had ranged from £15,200 to £332,756. A claimant to whom an award was made was entitled to legal costs, and to date costs agreed with the Chief State Solicitor and paid in 19 cases amounted to £207,426, giving an average of about £11,000 per case. Where costs were not agreed they were referred back for determination to the tribunal. That procedure was being used in one case to date.

On the Government decision to set up a tribunal of inquiry, the Minister said it would inquire into "the hepatitis C infection of blood and blood products manufactured and distributed by the BTSB". He would bring forward a motion in the Dail and Seanad next week outlining the terms of reference.

The tribunal he had in mind would not be like the beef tribunal, the terms of reference for which were ill defined. "It ended up being the best show in town but I have no intention of letting this tribunal go down that road. The issue of political accountability will be dealt with by me in this House.

Mr Noonan defended the steps taken to deal with the crisis so far, including the national screening programme and the funding provided for representative groups. They were a clear indication of his and the Government's commitment to meet the health care and other needs of the persons who had contracted hepatitis C from a blood transfusion product.