Seanad debates
Wednesday, 13 November 2002
Lindsay Tribunal Report: Motion.
The terms of reference were quite broad, with the exception of the dimension of the international pharmaceutical companies. My predecessor, Deputy Cowen, was involved in the work leading up to the establishment of this tribunal and it took a considerable length of time before the terms of reference were eventually agreed upon by the Irish Haemophilia Society and the Government of the day. I accept the IHS had reservations but, nonetheless, its members felt that the terms of reference would encompass an investigation of international pharmaceutical companies. On examining the terms of reference, one would have to come to the conclusion that they do not explicitly state that we should pursue the pharmaceutical companies but they allow for that in terms of the elasticity of the terms of reference, if one wants to interpret them that way. The judge, in her wisdom, decided that this area did not fall within the terms of reference and when I made a request late in the day, she made the reasonable point that if she changed the terms of reference at that late stage, she would invalidate the process for some participants. That was the judge's conclusion and I will come back to that in a moment. In almost all other areas the terms of reference were broad enough and I do not believe Ms Justice Lindsay lacked any of the mechanisms available to Mr. Justice Flood. They were both free to make conclusions at the end of their investigations.
No comments