Minister urged to recall hepatitis tribunal

Fine Gael has called on the Minister for Health to consider reconvening the hepatitis C compensation tribunal.

Fine Gael has called on the Minister for Health to consider reconvening the hepatitis C compensation tribunal.

The party's health spokeswoman, Ms Olivia Mitchell, asked the Minister, Mr Martin, to try to find a "more creative way" of dealing with the cases of haemophiliacs appealing their awards from the tribunal, rather than going to the courts.

Her comments follow confirmation of the decision by the Minister to appeal a recent High Court judgment allowing haemophiliacs infected with hepatitis C to appeal compensation awards.

Ms Mitchell said that if every case went to court there would be "no winners except the lawyers".

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She regretted that the State had chosen a technical, legal way of dealing with people whose lives were so damaged by the State's negligence.

The Department of Health believed the court had incorrectly interpreted legislation on the issue and that it was never suggested that all claimants would have the right to take a tribunal award and then appeal it.

Ms Mitchell said it was ironic that during the Dáil debate on the legislation, the "Fianna Fáil motion called specifically for the right of appeal of claimants to a higher court and proceedings whereby victims who had accepted awards could apply for aggravated damages".

Labour's health spokeswoman, Ms Liz McManus described the decision to appeal to the Supreme Court as "disgraceful" and called on the Minister to withdraw the appeal and "stop hiding behind technical legal devices in the courts.

"The right of appeal, especially for people in such tragic circumstances, is an important protection which the Minister is clearly trying to undermine."

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times