The chairwoman of the Lindsay tribunal paid tribute yesterday, at the close of the two-year inquiry, to those who gave evidence before it, including haemophiliacs and their families, treating doctors and carers.
Judge Alison Lindsay said she wished to thank the victims and their relatives and friends, particularly those who gave testimony. They were very brave, she said, and many of their stories and faces "will stay with me forever".
She also wished to thank those who had to re-live the harrowing times of the 1980s, particularly treating doctors and carers.
In a final address, she also praised the work of the tribunal legal team, its registrar and administrative staff.
Her comments followed the hearing of applications for costs from parties before the inquiry on what was its 196th and last public sitting.
Counsel for the Attorney General, Mr Luan ╙ Braonain, said the public interest was served by an award of costs which indemnified parties granted representation to the tribunal but also made the most restrained and controlled demand on the public purse. He recommended an allocation of costs on a "party and party" basis, which provided indemnity but at a more restrained level than "solicitor-client" costs.
Counsel for the Irish Haemophilia Society, Mr Martin Hayden SC, joined other parties, including the Blood Transfusion Service Board, in arguing for costs to be paid on a "solicitor-own client" basis, which would provide for a fuller cover of costs.
However, Mr ╙ Braonain said there was no provision whatsoever in the rules of the higher courts for the allocation of costs on this basis.
In his application, Mr Hayden said the continued work of the society would be put at risk if it was exposed to a shortfall in legal costs. He added if Judge Lindsay was to award costs on a party and party basis she should make orders to cover witness expenses, overnight transcripts and other costs, including those incurred in orders of discovery.
According to the Department of Health and Children, the cost of the tribunal as of yesterday was £8.3 million. This included £1.8m for administration, £3m for the tribunal legal team, and £1.7m for each Department and IHS counsel.
The inquiry investigated the infection of an estimated 252 haemophiliacs with HIV and hepatitis C through blood products. It established most were infected through imported commercial concentrates. However, eight cases of HIV infection and four cases of hepatitis C infection were directly linked to BTSB product.
Judge Lindsay's report on the inquiry is not expected for several months with legal sources indicating early summer as a probable date.
