The Government has been called on to examine the possibility of initiating criminal proceedings in the hepatitis C controversy by the Labour party spokesman on health, Mr Derek McDowell TD. Mr McDowell said this would be possible under the Safety & Health at Work Act. He said the failure of the Director of Public Prosecutions to initiate legal proceedings against those found negligent in the Finlay tribunal was a "bitter disappointment" to all who had been infected with hepatitis C.
"While it is obvious that, on foot of the DPP's decision, changes in the criminal law are necessary, the matter should not stop there," he said. "I am calling on the Government to investigate all other legal options that will enable justice to be done and be seen to be done."
A legal duty is imposed, he said, on employers relating to their employees but there is a particular section in the Act which imposes a duty of care to people not in employment but who may be affected, that their safety or health should not be exposed to risk.
"It is imperative that the Government asks the National Authority of Occupational Safety & Health to examine the possibility of prosecuting persons found negligent by the Finlay tribunal under this section of the Act." The government should also address the "sense of hurt and betrayal" felt by the people infected with hepatitis C in the wake of the DPP's decision.
He proposed that the DPP should meet with Positive Action, the group representing infected women, to explain his decision in the case.
"The decision of the DPP not to proceed with prosecutions has caused great hurt and anguish to the victims of hepatitis C. I believe it is imperative, given the magnitude of this scandal, that the DPP should meet with representatives of Positive Action to explain his decision."
Throughout its campaign the group has expressed the view that its dealings with state bodies have been "characterised by evasion and obfuscation".
"It is vital that the State's response to this continuing crisis recognises this frustration," said Mr McDowell.
Meanwhile, it is not yet known when the DPP is to meet the Attorney General to discuss changes in legislation following the decision not to prosecute. Positive Action asked the Minister for Health, Mr Cowen, to convene a statutory meeting with the Attorney General, Mr David Byrne.