Tribunal removes cloud over Ministers' handling of `worst public health scandal in State's history'

AFTER months of political denunciation for their handling of the hepatitis C scandal, Michael Noonan and Brendan Howlin were …

AFTER months of political denunciation for their handling of the hepatitis C scandal, Michael Noonan and Brendan Howlin were freed from the political morass yesterday.

The findings by the Tribunal of Inquiry into the Blood Transfusion Service Board could hardly have been more supportive of the actions by the two Rainbow Ministers in responding to the crisis between 1994 and 1996. There were, however, some criticisms over the withdrawal of blood products and a delay in bringing forward legislation.

But the main thrust of media and opposition criticisms was rejected. Key exculpatory phrases kept repeating in Mr Justice T.A. Finlay's report: "There was no inadequacy or inappropriateness in a decision made" and "It was an adequate and appropriate action

When criticism was levelled at politicians, it was aimed at the original causes, rather than the fallout, of "one of the worst public health scandals to have ever happened in this State." Thus, all governments and ministers for health going back to 1975 were indicted for failing to supervise the National Drugs Advisory Board in the exercise of its functions and for failing to provide "appropriate resources".

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The names of ministers from the dim and distant days of 1975 were heard - the late Brendan Corish, Charles Haughey, Michael Woods, Barry Desmond, Rory O'Hanlon, John O'Connell and Mary O'Rourke - as the report concluded that if adequate resources had been provided, and if inspections and investigations had been undertaken, some citizens might not have been infected.

It was not the outcome that journalists had expected. After months of political charge and countercharge in the Dail, of heightened public emotion caused - by the death of Mrs Brigid McCole and others, after four months of tribunal hearings on a catalogue of medical and administrative errors, they had anticipated sacrificial victims.

The tribunal refused to satisfy the thirst for retribution. It was "not part of the function of this tribunal under its terms of reference to ascertain as to whether any person has committed a criminal offence" or to refer its findings to the Director of Public Prosecutions. It would also be "improper and unjust " for it to make any recommendation concerning the employment of Mrs Cecily Cunningham.

Mr Noonan and the Government did not have such qualms. Politicians had been largely exonerated by the tribunal. But something had to be done to indicate Government concern. The full report, he said, would be referred to the DPP in relation to its findings concerning senior medical officers. And the continued employment of Mrs Cunningham would, he said, be a matter for the chief executive officer and the board of the BTSB.

The toughest task facing the Minister for Health was trying not to "crow" over his thwarted detractors. Faced by a roomful of journalists who had been highly critical of his handling of events, he put on his most lugubrious face and spoke dolefully of one of the worst medical crises to hit the State and of the "sad and tragic effect it had on many people and their families".

The Government was moving quickly to give effect to the recommendations made, Mr Noonan offered. Pelican House would be closed and a new blood transfusion headquarters opened at St James's Hospital at an overall cost of about £20 million by 1999. New structures and procedures were already in place. And the tribunal's report would be sent to the DPP.

But the months of intense political criticism finally told. Four serious charges had been made against him both inside and outside of the Dail, Mr Noonan said, and none of them had been upheld by the tribunal. He hoped "fair-minded journalists" would report the findings of the tribunal on those matters.

There were thin pickings in the conclusions for Fianna Fail and the Progressive Democrats. So thin that it took Brian Cowen four hours to draft a response. In it, he disagreed with "some of the conclusions" reached by Mr Justice Finlay and announced that Fianna Fail would have another debate on the issue in the Dail next week.

Earlier, Cathy Honan found the report to be "disappointingly bland". The political quarry had been largely exonerated. And, she said, "the Irish people cannot feel at all satisfied that the State has either lived up to its responsibilities or faced up to the need for real and tangible accountability from those involved in this tragic series of events".