Hepatitis bill could exclude 15,000 victims

TÁNAISTE and Health Minister Mary Harney yesterday defended the Hepatitis C Compensation Tribunal legislation which will allow people infected by contaminated blood products to gain access to life assurance.

The bill passed all stages in the Dáil yesterday, despite repeated opposition claims that the standard test will exclude victims of bad blood products who show low levels of antibodies.

But the minister stood over the legislation — and its exclusion of a potential 15,000 people who received the blood products — on the basis that an upper limit had to be imposed as regards State exposure to compensation claims.

“Anyone in my position and aware of the facts with which I am familiar would do as I have done. We cannot expose the State to a situation wherein 15,000 or more people who received blood products would be entitled to compensation based on those criteria.

“We are trying to help them by putting in place reasonable compensation, provision of health services and support towards insurance.”

The Tánaiste stood over the Government’s decision not to discuss the bill with groups representing victims.

“If we are exposing the State to litigation, no minister or Government in a deliberative process could enter into negotiations on such an issue.”

She continued: “The issue is one of exposing the State to a large number of potential claims. We do not need to be experts to know the capacity in some quarters for seeking compensation.

“This bill does not victimise innocent people who suffered. It is concerned with protecting a scheme on behalf of those for whom it was designed and ensuring that they get the health services, compensation and insurance to which they are entitled.”

Opposition spokespersons expressed trenchant criticism of the bill, honing in on the Tánaiste’s figure of a potential 15,000 litigants. They argued that the number of people involved would be small.

Labour health spokeswoman Liz McManus said: “While it is suggested the numbers involved are negligible, those involved are human beings. They were contaminated and poisoned by the State, which we need to remember. If there is one person left out as a result of the bill, we have done that person a grave disservice.”

Her Fine Gael counterpart, Dr Liam Twomey, contended that the Tánaiste was treating the groups disgracefully.

“While the legislation may be signed into law or may survive a challenge in the Supreme Court, the manner in which the Tánaiste has dealt with this issue will leave a bad taste in the mouths of victims,” he said.