FIANNA Fail in government would concede aggravated and exemplary damages to the people infected with hepatitis C through contaminated blood products, according to the party's health spokesman, Mr Brian Cowen.
He said the victims had been getting damages on the basis of a no fault Compensation Tribunal. "It specifically excluded aggravated damages from its terms of reference and gave compensation on the basis that there was no wrong doing. The situation has now changed and the Government must take cognisance of that."
This commitment by Fianna Fail makes it increasingly difficult for the Minister for Health, Mr Noonan, to resist the demand for aggravated damages being made by women infected through anti D. Their demand is based on the findings of the Finlay tribunal that staff at the Blood Transfusion Service Board failed in their duty.
So far Mr Noonan has not given such a commitment. According to his spokesman, all issues concerning the tribunal report "are being considered" and advice is being sought from the Attorney General on a number of aspects. The Minister will next address the matter on Thursday in the Dail, the spokesman said.
Mr Brendan Howlin, who was Minister for Health at the time the blood scandal broke in 1994, has said he would talk "informally" to members of the Cabinet about the issue of aggravated damages.
A spokeswoman for the Progressive Democrats said yesterday they were still considering the Finlay report but "would more than likely" accede to the demand.
The Fine Gael TD, Mr Alan Shatter, said yesterday the Government should bring a motion before the Dail next week to amend the terms of reference of the Compensation Tribunal to enable it to award exemplary or aggravated damages to all those who have already been awarded ordinary damages and to those whose applications await decision.
"The Finlay report leads inescapably to the conclusion that the victims of the BTSB's recklessness, gross negligence and incompetence are entitled to aggravated or exemplary damages. They should not have to politically campaign or further litigate in the courts for this to be acknowledged," he said.
Mr Cowen said the Government's task now was to bring clarity to the situation.
"You have a report that concludes there was serious wrongdoing and negligence on behalf of the State. It is now up to the State to do something about it if justice is to be done. There is a moral imperative," said Mr Cowen.
Positive Action, the group representing 800 infected women, wants the existing Compensation Tribunal established on a statutory basis.
The group's chairwoman, Ms Jane O'Brien, said they wanted to "right the wrongs" in the compensation scheme. "We want a statute because this is about ensuring justice. As of now, the ad hoc tribunal excludes aggravated and exemplary damages," she said.
The Irish Kidney Association, (IKA), representing 50 infected people, has called for the terms of the tribunal to be changed to include aggravated damages "due to gross negligence as identified by Justice Finlay".
In a statement, the IKA said on behalf of the families affected and all its members, it welcomed the Finlay recommendations.
We can only hope that the steps which will now be taken will have a lasting effect so that public confidence in blood supplies will be restored."