A dispute over legal costs which threatened to delay the start next month of the tribunal of inquiry into HIV and hepatitis C infection of haemophiliacs has been resolved.
The Minister for Health and Children, Mr Martin, has agreed to pay a further £150,000 towards the expert witness costs of the Irish Haemophilia Society, with a promise of additional funding if needed.
He has also agreed to pay for the scanning and indexing of documentation by the IHS's legal team, estimated to cost £188,000 sterling, and to revise the pay structure for the society's solicitor.
The IHS had threatened to pull out of the tribunal unless additional funding was provided to cover its costs in the investigation.
Sixty-three haemophiliacs have been killed by blood products contaminated with HIV and hepatitis C. The most recent death was only last month.
Welcoming the extra funding, Mr Brian O'Mahony, chairman of the IHS, said it would now "be free to concentrate on ensuring the tribunal is fully informed without having the worry that its members will be faced with a huge legal bill at the end".
The Minister said he was delighted "that we have arrived at a solution regarding costs, and that the society now feels that it can take part with confidence in the tribunal".
Fees for IHA barristers remain unchanged under the arrangement. The Minister will pay 75 per cent of the brief fees of two senior counsel and two junior counsel where fees are based on those paid to State counsel.
On solicitor's fees, however, the Minister has agreed to advance £10,000 to the IHA to enable it to pay a retainer. Moreover, instead of getting £500 each sitting day, the IHA's solicitor will get £10,000 a month.
The Minister has also agreed to cover the society's historic and preparatory costs - estimated at up to £200,000 - if these are deemed acceptable by the Taxing Master. Previously, only £150,000 had been allowed for this.
But perhaps the biggest gain for the IHA is the doubling in the fund for expert assistance to £300,000. Under the new agreement, the fund can be increased further with the approval of an independent adjudicator, to be nominated by the Department of Health and Children and the IHA.
Mr O'Mahony said "our members will finally be in an equivalent position to the State agencies, with equal access to expertise".
The society said it was conscious it was dealing with taxpayers' money. But it stressed the tribunal was not just for or about haemophiliacs.
"It is for every member of the public," said Mr O'Mahony, "as it is about the safety of the blood supply and the adequacy of the criteria, standards and procedures of the State's agencies."
The inquiry is due to begin under Judge Alison Lindsay on May 2nd with testimony from some of the 260 haemophiliacs who were infected.
The Labour Party spokeswoman on health, Ms Liz McManus, accused the Minister of causing additional trauma and distress by "foot-dragging" on the issue of legal costs.
