Scotland: Blood Inquiry is flawed, warn campaigners

[Guest guest]

http://www.heraldscotland.com/news/health/blood-inquiry-is-flawed-warn-campaigne\

rs-1.1121639?localLinksEnabled=false

Blood Inquiry is flawed, warn campaigners

Exclusive By Judith Duffy

4 Sep 2011

CAMPAIGNERS have warned that the inquiry into the scandal of contaminated NHS

blood is flawed as it has no power to obtain evidence from English health

officials and UK government ministers.

The Penrose Inquiry, due to resume on Tuesday, was set up by the ish

government to examine how hundreds of haemophiliacs and other patients were

infected with HIV and hepatitis C through “bad blood” products during the 1970s

and 1980s.

However inquiry officials have confirmed chairman Lord Penrose cannot order

ministers or civil servants from the UK Government to attend as witnesses.

The UK Department of Health has not been invited to provide evidence to the

public hearings, which first began in March. When the infections occurred

Scotland’s health system was not devolved but under the control of Westminster.

Without the inquiry speaking to Westminster officials, campaigners doubt the

full truth will ever be established.

Victims of the scandal, who campaigned for 15 years for an inquiry to be held,

warned the omission of such key witnesses places serious doubts over the

effectiveness of the investigation.

McGuire, of s Solicitors, who is acting on behalf of some of the

families of victims, said the potential lack of evidence from politicians and

civil servants was of “great concern” to his clients.

He said: “They believe that the political side of things, in relation to both

ministers and civil servants, is one of the key issues.

“It really is at the heart of the entire scandal, because if it was not those

people who were ultimately responsible for and ultimately ran the NHS, then who

did? If this evidence is not looked at there is going to be one of the most

crucial pieces of the jigsaw missing when the report eventually comes out.

“We think it is essential that both politicians and civil servants are brought

before the inquiry.”

Campaigner Bruce Norval, a haemophiliac from Fortrose in the Black Isle, who

contracted hepatitis C from infected blood products, said he had concerns from

the start that the inquiry would not be adequate.

“Ultimately, it is an inquiry which at best is going to show the need for

another inquiry. It is like looking for elephants with microscopes,” he said.

“You might hit the right bit and realise what happened here was wrong and really

needs to be dealt with or you might just see a great big chunk of grey.”

The Inquiries Act 2005 states the chairman can require any person to attend to

give evidence or provide written statements of evidence or other relevant

documents. Failure to comply with the request is an offence.

But the legislation also states the powers only apply in relation to a “wholly

or primarily ish matter” and cannot be used to order evidence or documents

from the UK Government.

McGuire said that discussions were ongoing with the inquiry team around the

issue, but no ministers or civil servants are yet scheduled to appear.

“The real issues around the scandal were before devolution and it is absolutely

right we should look to Westminster at that time to get answers,” he said.

“If you are looking at something which happened only a few years ago, such as

the disaster at the Stockline factory in Glasgow, it would be relevant to only

look at issues within the geography of Scotland.

“But when you are looking at something with such a long tail as this, it is a

history which goes back to the 1970s and 1980s when there was no devolution and

the ish NHS was being run unquestionably from Westminster.”

The inquiry has already heard emotional testimonies on the impact of the

contaminated blood from victims and their families.

One patient told how he was left stunned when informed of his condition by a

doctor who said: “It has come to my attention that you were one of the few

unfortunates to be infected by with HIV. You have been infected for a number of

years and you will be dead within a year.”

Among the topics which will be examined during the fourth block of public

hearings will be a two-year delay in the implementation of a test to screen for

hepatitis C in donated blood, which was eventually introduced in the UK in

September 1991.

A spokeswoman for the UK Department of Health said: “No-one from the department

has given evidence and we haven’t been invited to.”