Urging hospitals inquiry to look at political decisions would breach law – Gray

Holyrood instructing the Scottish Hospitals Inquiry to investigate political decisions would breach the law, the Health Secretary has said.

Scottish Labour leader Anas Sarwar tabled a motion in Holyrood in an attempt to have inquiry chairman Lord Brodie consider the actions of the Scottish Government in the commissioning, construction and opening of the Queen Elizabeth University Hospital (QEUH) in Glasgow.

The local health board admitted in its closing statement to the inquiry there could be a link between the building’s environment and infections which led to deaths, including that of 10-year-old Milly Main.

Speaking in Holyrood during a debate on the motion on Wednesday, Mr Sarwar pushed for current and former ministers involved in the building of the hospital to be questioned by the inquiry.

“Nicola Sturgeon, John Swinney and Shona Robison have not given testimony at the inquiry and have not been cross-examined,” he said.

“Without that, we will never have the full picture of what happened, and there’s a further risk if political decision making is not examined, ministers will attempt to use the final report of the inquiry as proof that the problems were contained entirely within the health board and could not have been prevented by Government intervention.

“That claim cannot be allowed to stand without proper scrutiny.”

The motion will be voted on late on Wednesday, following a marathon stage three session on the Natural Environment (Scotland) Bill, and looks set to pass, with Scottish Green co-leader Gillian Mackay indicating her party will support the Labour motion, providing the required numbers.

Responding to the calls, the Health Secretary – who eventually assured MSPs the hospital is currently safe at the third time of asking – said he understood the push from Mr Sarwar on the issue.

“When something goes badly wrong in a project of this scale and significance, it is entirely reasonable to want every possible line of responsibility examined,” he said.

“However, while I recognise the concern that underpins the motion, I cannot support it because it would be incompatible with the legal framework that governs this inquiry.

“All statutory public inquiries in Scotland operate under the Inquiries Act, which was passed by this Parliament. That Act exists to protect the independence, integrity and credibility of inquiries.

“It gives inquiry chairs powerful legal tools, the power to compel witnesses, to require the production of documents, to take evidence on oath and to determine what evidence is relevant to their terms of reference.

“Those powers are not held by ministers, they are held by the independent inquiry chair, any member seeking to support the motion is attempting to influence the action of the chair is calling for the Government to act in a manner incompatible with that legislation which, of course, we cannot do.”

Mr Sarwar’s motion also calls for the release of documents held by the Government in relation to the opening of the hospital.

The Health Secretary committed to providing any more information requested by Lord Brodie, but did not say if the information would be published regardless of a request from the inquiry.