Official Report 1247KB pdf
Eljamel Inquiry
To ask the Scottish Government when it first became aware that NHS Tayside had destroyed medical record logbooks relevant to the Eljamel public inquiry, despite “Do not destroy” notices having been issued several months earlier.
I am greatly concerned, angry and appalled by this very serious issue. I recognise the anger and upset that will be felt by the former patients of Eljamel and the campaigners who have worked so tirelessly for justice. I recognise from my discussions with some of them that for many of those former patients and campaigners, their faith in NHS Tayside was already low. This will be a further blow to the trust that they have in NHS Tayside.
The Scottish Government’s inquiry response team received a copy of all core participant opening statements from the public inquiry on Monday 24 November, ahead of the planned hearings on 26 and 27 November. However, under the inquiry’s general restriction order, core participant opening statements are classified as confidential until they are referred to in oral hearings. Access to those statements is strictly limited to individuals who have signed confidentiality undertakings, and they are prohibited from sharing the contents more widely, including with ministers or other officials, prior to their disclosure at the hearing. That restriction exists to protect the integrity of the inquiry process and ensure fairness to all parties. Therefore, my policy officials and I were not made aware until the information was in the public domain yesterday.
Given the seriousness of the information shared in the statement regarding the destruction of potential evidence, I have written urgently to the chief executive of NHS Tayside and I met her today to order an investigation into what has happened and to ensure that appropriate processes on information governance are being followed. As members would expect, I was informed that NHS Tayside has already begun the investigation into what happened, and I have ordered the health board to come back with a full account of its investigation.
I can see that the cabinet secretary is angry, and rightly so, because this is a scandal of the highest order. As Jamie Dawson KC told the public inquiry this morning, the explanation that has been provided by NHS Tayside
“will not suffice”
and
“More will be expected”.
He went on to discuss the serious consequences of the incident. In my opinion, there is potential for criminality.
What makes the situation worse is that those of us who have attended recent meetings with NHS Tayside and with the Scottish Government have repeatedly been assured that lessons have been learned from the Eljamel scandal and that new procedures have been put in place to ensure that nothing like it happens again. However, yesterday’s evidence proves that those assurances were entirely false. As NHS Tayside is accountable to Scottish Government ministers, what action will the Scottish Government now take to deal with those appalling revelations?
I understand the severity of the situation. I outlined that to the chief executive of NHS Tayside, noting my anger. It is for NHS Tayside to explain what happened, and I commit to providing Parliament with an update when I receive it formally, off the back of the correspondence that I sent to the chief executive today. Liz Smith has put on the record the potential consequences of what has happened, and processes will be followed in that regard. I hope that that underlines the seriousness with which I take the matter and with which I expect NHS Tayside to take it.
When does the cabinet secretary expect NHS Tayside to come back to the Scottish Government with those details?
I have been clear with NHS Tayside that I expect an update immediately on what happened, when it happened and why the Government was not notified when the health board became aware that those documents were destroyed. I also said that I expect an update on the outcome of the investigation, which I expect to be independent, when it comes to fruition. I do not have a fixed timescale on that. I expect that some of the work in that regard will be independent of NHS Tayside. I commit to providing Liz Smith and Parliament with an update as soon as I receive it.
I am glad that the cabinet secretary realises just how serious the situation is. It goes to the heart of the inquiry. For victims, the news seems to be of little surprise—that is how shocking their treatment at NHS Tayside has been. A core concern of one of my constituents is what happened in the theatre—who was present and, crucially, who was not present. The theatre logbook is one of the most critical documents that would have afforded him access to justice for the harms that he suffered.
Can the cabinet secretary say, based on the meeting with the chief executive that he mentioned, when NHS Tayside found out that the logbooks had been destroyed? What basic explanation did NHS Tayside offer him? I reiterate what Liz Smith said about the fact that it appears that there is a distinct possibility of criminality here. I certainly ask that the senior executives and the chair of the board consider what their direct responsibility is, given the assurances that they have given to me and other members of the Parliament.
I know from my conversation with the chief executive this afternoon—I will follow up with the chair—that that issue will be fully in the thoughts of senior executives, as will be evident in their response.
In our conversation, the chief executive outlined to me that she was made aware of the destruction in September this year. As I said, the Scottish Government became aware of the issue only this week, when NHS Tayside’s opening statement to the Eljamel inquiry was shared.
The chief executive has apologised for the failure to inform the Scottish Government. I expect that apology to be extended more widely, not just to me. I also expect there to be a full investigation into what has happened and for the explanation to be on the record, which I will ensure is done through Parliament.
I add my fury to the fury that has been expressed by others.
For a long time, the basic problem has been that patients have believed that NHS Tayside has been secretive and evasive in relation to the Eljamel issue. That is why we are having a public inquiry. Many of these matters could have been dealt with years ago if only NHS Tayside management had been open. Any trust that remained has now been completely shattered, so I hope that the Parliament speaks with one voice in telling NHS Tayside that it has done irreparable damage, not only to trust in NHS Tayside but to trust in the NHS as a whole, and I hope that the cabinet secretary relays the anger that many of us feel and our strong belief that there needs to be a change in culture and a change in approach so that we never face the same situation again.
That is exactly what I relayed to the chief executive of NHS Tayside when I spoke to her earlier today. From the conversations that I have had with some of Mr Rennie’s, Mr Marra’s and Ms Smith’s constituents, as well as others who have made representations to me on behalf of constituents and whom I have met, I know what a low level of trust there is in NHS Tayside. In answer to Liz Smith, I set out that I recognised that trust in NHS Tayside was already low, and I have made clear to NHS Tayside the reputational damage that what has happened has caused, not only to NHS Tayside and the wider NHS, but to the process through which the constituents whom Mr Rennie represents were hoping to get answers.
That message has been put across to NHS Tayside, and I expect the same to be the case in relation to the culture that Mr Rennie asked about. I have said very clearly, in response not only to today’s questions but to other questions that have been asked in recent weeks, that I expect there to be a culture of candour and a speak-up culture in our NHS, to ensure that staff and patients are given the service that they deserve.
That concludes the urgent question. There will be a short pause before we move on to the next item of business.
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