Reply from Scottish government- Chief Medical Officer and Public Health DirectoratePublic Health DivisionT: 0131-244 6913 F: 0131-244E: [email protected] Andy GunnOur ref: 2014/0036560 23 December 2014Dear Mr Gunn,Thank you for your email of 19 November to Nicola Sturgeon, First Minister, regarding the Penrose Inquiry. I have been asked to reply.The Penrose Inquiry has been a huge undertaking, and will deliver a comprehensive, historic record of the events that led to patients treated by the NHS in Scotland becoming infected with Hepatitis C, HIV or both, through the use of blood or blood products. The warning letters stage of the Inquiry, which is a complex and detailed part of the process, is not yet complete. The legislation (Inquiries (Scotland) Rules 2007) which applies to Inquiries obliges Lord Penrose to issue warning letters to anyone likely to be subject to criticism and reasonable opportunity must be given to consider the criticisms and then make submissions within 28 days.Lord Penrose has recently written to the Cabinet Secretary for Health, Wellbeing and Sport and has stated that he will be in a position to announce a publication date once the warning letters process is completed. We have committed to a review of the existing financial support provisions for people who contracted hepatitis C from NHS infected blood and blood products following the release of the Penrose Inquiry report. Levels of compensation or ex gratia payments are matters for Ministers to decide, or for courts to award in individual civil actions.The Inquiries Act 2007 specifically provides in section 2 that an Inquiry panel is not concerned with determining civil or criminal liability. However, in carrying out its functions it may be that liability could be inferred from its findings or from any recommendations it makes.Ultimately the question of whether to pursue criminal proceedings would be for the Crown Office and Procurator Fiscal Service to decide, based on the evidence available. That decision is taken in the public interest.
Posted on: Tue, 23 Dec 2014 20:32:17 +0000
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