AN explanation for the admission of liability by the Blood Transfusion Services Board (BTSB) in the hepatitis C controversy was demanded by the PD spokeswoman on health.
Ms Liz O'Donnell said the fact that liability had now been accepted in the case of the late Mrs Brigid McCole, where it was publicly denied up to a few days ago, raised questions.
"What caused this U-turn? Presumably, the BTSB and its lawyers thought deeply before deciding, on the facts as known to them, to deny liability," she added. "It would, therefore, appear that the dramatic decision to accept liability was taken on the basis of some new fact, or facts, of sufficient importance to convince the board and its advisers that a finding of liability against them was certain or very likely."
Ms O'Donnell was opening a Dail debate on her party's Private Member's Motion condemning the Minister for Health, Mr Noonan, for his "failure" to accept political responsibility in the matter. The debate continues tonight.
The Minister, she said, had specifically stated on a number of occasions before the settlement of the case that the establishment of a judicial inquiry was unnecessary because a High Court case would, in fact, constitute one.
"The Government has announced a judicial inquiry. What was once out of the question is now Government policy," Ms O'Donnell added. "One of the lessons of the beef tribunal, specifically held by the judge who conducted it, was that the tribunal would not have been necessary at all if there had been full and appropriate disclosure to the House when certain questions were raised here.
Ms O'Donnell said that while the case had been defended with great ability on a purely technical basis, in its entire history there was no evidence of compassion, no recognition of the special and appalling condition of the plaintiffs. "There is, instead, a determined effort to get them to accept money without admission of liability and to threaten them if they showed signs of seeking such an admission.
She said that while the Minister had claimed several times in the House he believed that the High Court proceedings would lead to the truth, he had hoped for no such thing. If that had been his hope, he would not have pleaded the statute of limitations, the incorrect constitution of the proceedings when Mrs McCole fried to protect her anonymity, or made her prove the bare technicalities which were not even at issue.
"Unless the Minister can explain his position regarding these matters, I have to say that a question arises over his suitability to continue as Minister for Health."
She said it was now essential that there be an admission of liability in each and every one of the cases pending before the High Court with facts similar to the McCole case. No purely technical consideration should be allowed to impede or reduce any claims for compensation.
Mr Des O'Malley (PD, Limerick East) said that the beef tribunal had been unnecessarily long and expensive. But a tribunal could be run along the lines of the Scott Tribunal in Britain, without excessive expenditure and without a vast number of lawyers cross examining everybody on behalf of everybody else.
He said that over the past I8 months he had been trying to help the mother of eight children, aged between four and 20, who was now the second plaintiff in High Court proceedings. She had gone to London for expert medical help.
Mr O'Malley added that he had written to the Minister seeking reimbursement for some of the medical expenses, but he had received a reply three months later to the effect that treatment was available here.
Earlier, there were heated exchanges on the Order of Business when the opposition demanded an extended debate on the issue. The Fianna Fail leader, Mr Bertie Ahern, said that the House should debate the matter for the entire afternoon and defer other business.
The PD leader, Ms Mary Harney, said the tribunal was going to inquire into the "medical scandal" only. She wanted to know if it would inquire into the "political scandal."
Mr Alan Dukes (FG, Kildare) said he wanted to ask the opposition deputies if the inquiry would cover the simple question why was it not until Deputy Michael Noonan became Minister for Health that any action was taken on the matter?
The Taoiseach, Mr Bruton, said the Government had no problem debating the matter or facing its own accountability. But it was important that the facts of the matter, regarding events that occurred before the Government came to office, were established. That was why the Government was setting up an inquiry.
"And it is important to make the point that the material facts were facts that arose while the parties opposite, Fianna Fail and the PDs, were in Government. I am not attributing any blame, nor am I making any big, exaggerated statements that Deputy Ahern and Deputy Harney have made. That would not be warranted."