At the time the Rainbow government first discussed the McCole case, the cabinet was advised that a tribunal of inquiry should be set up to investigate the contamination scandal.
The establishment of such a tribunal was discussed on May 28th, 1996, following advice from the Attorney General, Mr Dermot Gleeson, at a cabinet meeting, The Irish Times has learned. However, an inquiry was not announced by the Minister for Health, Mr Noonan, until after the death of Mrs Bridget McCole, over four months later on October 2nd.
The Attorney General recommended the judicial inquiry because there were so many outstanding issues that needed to be addressed and the coalition government would need to be seen to be more open.
The cabinet also heard at that meeting that there was a possibility the High Court could find that the State was at fault. There was a discussion as to whether the government should reconsider its position and perhaps concede liability, as it could prove futile to fight it in court.
Mr Noonan asked his fellow cabinet members not to instruct him or to tell him to admit liability in the case. He did, however, ask for their advice generally.
The Attorney General advised the ministers that if they decided to concede liability the government could explain it by saying it was not out of the ordinary to reassess liability. He also advised that a minister would not be able to direct an agency, such as the Blood Transfusion Service Board, not to settle a case.
At the time of that meeting, controversy surrounded the closing date of the hepatitis C compensation tribunal. A number of those infected with hepatitis C wanted an extension on the closing date of June 17th for applications. They were unhappy with the tribunal as it had not been set up on a statutory basis and they wished to see how Mrs McCole fared by bringing her case to the High Court.
The issue was discussed at the cabinet meeting, but Mr Noonan did not want any concessions made on the date.