Hepatitis C Compensation Tribunal Act, 1997

• Jurisdiction: Ireland
• Citation: IR No. 34/1997
• Year: 1997

Number 34 of 1997
HEPATITIS C COMPENSATION TRIBUNAL ACT, 1997
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Establishment day. 3. The Tribunal. 4. Claims before Tribunal. 5. Awards of Tribunal. 6. Dissolution of and claims before non-statutory scheme Tribunal. 7. Regulations to give effect to Act. 8. Settlements. 9. Extension by regulations of persons who may make a claim before Tribunal. 10. Special account. 11. Reparation Fund. 12. Report of Tribunal. 13. Power to remove difficulties. 14. Laying of regulations. 15. Expenses of Minister. 16. Short title.
Acts Referred to Appropriation Act, 1995 1995, No. 34 Civil Liability Act, 1961 1961, No. 41 Civil Liability (Amendment) Act, 1996 1996, No. 42 Medical Practitioners Act, 1978 1978, No. 4 Statutes of Limitation, 1957 and 1991
Number 34 of 1997
HEPATITIS C COMPENSATION TRIBUNAL ACT, 1997
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A TRIBUNAL TO BE KNOWN AS THE HEPATITIS C COMPENSATION TRIBUNAL TO AWARD COMPENSATION TO CERTAIN PERSONS WHO HAVE CONTRACTED HEPATITIS C WITHIN THE STATE FROM ANTI-D IMMUNOGLOBULIN, OTHER BLOOD PRODUCTS OR BLOOD TRANSFUSION AND TO PROVIDE FOR CONNECTED MATTERS. [21st May, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, unless the context otherwise requires—
	“application form” means any form of application determined by the Tribunal under section 4 (5);
	“award” means an award of compensation;
	“claimant” means a person referred to in section 4 (1) making a claim to the Tribunal in respect of any matter referred to in that subsection or a person referred to in any regulations made under section 9 in respect of the matters referred to in those regulations;
	“dependant” has the meaning assigned to it by section 47(1) (inserted by section 1 of the Civil Liability (Amendment) Act, 1996 ) of the Civil Liability Act, 1961 ;
	“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by the Minister under section 2 ;
	“the Fund” has the meaning assigned to it by section 11 ;
	“Hepatitis C” means Hepatitis C antibodies or virus;
	“medical practitioner” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978 ;
	“the Minister” means the Minister for Health;
	“the non-statutory scheme Tribunal” means the Compensation Tribunal for certain persons who have contracted Hepatitis C within the State from Anti-D Immunoglobulin, whole blood or other blood products established by the Minister on the 15th day of December, 1995;
	“prescribed” means prescribed by regulations made by the Minister;
	“provisional award” has the meaning assigned to it by section 5 (7);
	“relevant agency” means the Blood Transfusion Service Board or the Irish Medicines Board;
	“spouse” in relation to a person, includes a person with whom the person is or was at a material time cohabiting;
	“the Tribunal” means the Tribunal established under section 3 .
	(2) In this Act—
	(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,
	(c) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactments including this Act.
	Establishment day.	2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
	The Tribunal.	3.—(1) On the establishment day there shall stand established a Tribunal to be known as the Hepatitis C Compensation Tribunal to award compensation to claimants referred to in subsection (1) of section 4 in respect of the matters referred to in that subsection or in any regulations made under section 9 in respect of matters referred to in those regulations, in accordance with this Act.
	(2) The Tribunal may sit in divisions of itself to hear claims before it.
	(3) The Tribunal shall consist of a chairman (“the Tribunal chairman”) and such number of ordinary members as may be prescribed.
	(4) The members of the Tribunal shall be appointed by the Minister.
	(5) The term of office of a member of the Tribunal shall be for such period as is specified by the Minister when appointing such member.
	(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign her or his membership.
	(b) A member of the Tribunal may be removed from office by the Minister.
	(7) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, was so removed from office or died.
	(8) A member of the Tribunal shall be paid such remuneration (if any) and allowances (if any) as may be determined by the Minister with the consent of the Minister for Finance.
	(9) The Minister may, with the consent of the Minister for Finance, appoint such employees of the Tribunal as the Minister considers necessary to assist the Tribunal in the performance of its functions, and such employees shall hold office on such terms and receive such remuneration as the Minister for Finance determines.
	(10) (a) The Tribunal may in its own behalf or at the request of a claimant where a person has failed to comply with a requirement of the claimant under section 4 (11), by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Tribunal under this Act or to produce any documents in her or his possession, custody or control which relate to any such matter.
	(b) A notice under paragraph (a) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which she or he ordinarily resides.
	(c) A person to whom a notice under paragraph (a) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £500.
	(11) Subject to this Act, the Tribunal shall determine its own procedures and, in so doing, shall as far as is practicable adopt procedures which are informal.
	(12) The Tribunal shall conduct its hearings otherwise than in public.
	(13) The Tribunal may appoint its own counsel who may call such expert witnesses to give evidence as the Tribunal may require.
	(14) The Tribunal may appoint medical or other experts to advise it.
	(15) In considering and assessing a claim before it, the Tribunal shall rely primarily on written medical or other written reports, and shall make such reports (other than reports submitted by the claimant) available to the claimant concerned at her or his request.
	(16) The Tribunal may, in addition to hearing counsel for a claimant, in respect of any matter before it seek the assistance of any or all of the following—
	(a) counsel for any body which represents any class of claimant,
	(b) counsel for any party against whom allegations alleged to
	warrant the award of aggravated or exemplary damages are made, or
	(c) counsel appointed by the Tribunal in relation to any matter which it regards as necessary.
	(17) Nothing in subsection (16) permits the cross examination of any claimant.
	(18) A claimant and any witness giving evidence on behalf of a claimant may be asked questions by the Tribunal or by counsel for the Tribunal or by both.
	Claims before Tribunal.	4.—(1) The following persons may make a claim for compensation to the Tribunal—
	(a) a person who has been diagnosed positive for Hepatitis C resulting from the use of Human Immunoglobulin Anti-D within the State,
	(b) a person who has been diagnosed positive for Hepatitis C as a result of receiving a blood transfusion or blood product within the State,
	(c) children or any spouse, of a person referred to in paragraph (a) or a person referred to in paragraph (b), who have been diagnosed positive for Hepatitis C,
	(d) any person who is responsible for the care of a person referred to in paragraph (a), (b) or (c), and who has incurred financial loss or expenses as a direct result of providing such care arising from the person being cared for having contracted Hepatitis C,
	(e) where a person referred to in paragraph (a), (b) or (c) has died as a result of having contracted Hepatitis C or where Hepatitis C was a significant contributory factor to the cause of death, any dependant of such person, and
	(f) a person referred to in section 9 in accordance with that section.
	(2) Where a person has received an award from any court or a settlement in respect of an action arising out of any circumstances which could give rise to a claim before the Tribunal, the person shall not be entitled to make a claim to, or be heard by, the Tribunal or receive any settlement under section 8 in respect of those...