THE CABINET will decide on Wednesday whether to concede aggravated and exemplary damages to the women infected with hepatitis C through contaminated blood products.
The Fine Gael backbencher, Mr Alan Shatter, said yesterday if the Government does not concede aggravated damages, he would not vote against a Dail motion saying that it should.
Fianna Fail and Mr Shatter have said the concession of aggravated damages should be done by extending the terms of reference of the tribunal which is currently assessing damages claims arising from the contamination.
It is understood that the Fine Gael leadership is angry at Mr Shatter's "solo run". A Fine Gael spokesman yesterday described as a "cheap shot, unhelpful and out of line" the suggestion by Mr Shatter that he may not vote with the Government on the hepatitis C issue on Thursday.
The Attorney General is currently examining the legal implications of the hepatitis C tribunal report.
Government sources suggested last night there was no resistance to the principle that aggravated damages should be paid. However, the Government would have to decide what mechanism would be used to do this.
The Taoiseach, Mr Bruton, wrote to Mr Shatter yesterday pointing out that not to vote with the party was a breach of the party pledge, which Mr Shatter had signed as recently as December 4th last.
He said Mr Shatter's concerns were all being considered by the Cabinet, noting that the deputy made his public comments without speaking either to him or to the Minister for Health.
"I write to you to formally advise you of the position," he said. A Government spokesman added: "Government deputies are expected to support the Government and if they, don't there are consequences.
Government sources suggested that Cabinet was likely to agree to aggravated damages anyway and that Mr Shatter was "trying to construct a scenario whereby he could claim credit for it".
Mr Shatter rejected this suggestion. He told The Irish Times he believed the Cabinet would make the right decision.
"But if not, and if there was a proposal from an individual deputy or a party that aggravated damages be paid, I would find it extremely difficult to vote against such a proposal."
Mr Shatter's stance was welcomed last night by Positive Action, one of the groups campaigning for the hepatitis C victims.
Aggravated or exemplary damages are awarded where a judicial body finds that an injured party is entitled to more than ordinary compensation. This arises where it wants to note disapproval of the conduct of the person paying the damages for reason of negligence or recklessness.
The compensation tribunal is empowered only to award damages on a no fault basis. Mr Justice Finlay's report ascribed blame, however, leaving open the case for aggravated damages should the compensation tribunal's terms of reference be changed.
Wednesday's Cabinet meeting will decide on the text of a Government motion on the matter to be debated on Thursday. Should the Government not decide to concede aggravated damages, Fianna Fail is likely to table an amendment saying that it should do so.