Minister’s waiving of privilege allows provision of documents to tribunal
Health Minister Micheál Martin has waived his right to legal privilege over documents so they can be handed over to the Lindsay Tribunal.
The documentation includes information about the multi million pound settlement reached between the State and HIV infected haemophiliacs in 1991.
Members of the Irish Haemophilia Society, who met Minister Martin yesterday, said they were delighted with his decision.
IHS administrator Rosemary Daly said Minister Martin had made the right decision because it allowed access to justice for haemophiliacs.
"Now the tribunal can fully investigate the circumstances under which people with haemophilia became infected with Hepatitis C and HIV and the response of the State to those infections," she said.
The tribunal has already heard seven haemophiliacs became HIV infected as a result of receiving concentrate produced by the Blood Transfusion Service Board. Five have since died.
"We are anxious to know if the State was aware of those infections by the BTSB at the time of the settlement," Ms Daly added.
The IHS will not seek a judicial review of the refusal by tribunal chairperson, Judge Alison Lindsay, to direct State bodies to produce all documents for the inquiry.
The judge upheld an individual’s right to privilege and said all those asked to supply documents and written statements had done so.
Over 200 haemophiliacs were infected with Hepatitis C and HIV as a result of receiving contaminated blood products. Another victim died recently, bringing the number of deaths to 76.
Minister Martin said he had not seen the additional documentation to be handed over to the tribunal but believed most of it related to the 1991 settlement.
Legal professional privilege normally permits any party to refuse to submit a document if it relates to litigation or legal action.
Mr Martin said the privilege issue only arose last week and he had acted as quickly as possible in responding to the concerns expressed by the IHS.
