Call to haul Sturgeon and Swinney before hospital inquiry rejected

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Counsel to the inquiry said the Scottish government did not know about issues until after hospital complex opened

Calls for Nicola Sturgeon and John Swinney to give evidence before the Scottish Hospitals Inquiry about the opening of the scandal-hit Queen Elizabeth University Hospital (QEUH) have been rejected.

A newly published note by Fred Mackintosh KC and Craig Connal KC, the counsel to the inquiry, said there was “no evidential basis” to justify the move.

They said the Scottish government did not know about problems with the water and ventilation system at the hospital until after it had opened.

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The Queen Elizabeth University Hospital in Glasgow | PA

Scottish Labour leader Anas Sarwar previously wrote to inquiry chair Lord Brodie encouraging him to “reopen evidence sessions and take evidence from key figures“ including Ms Sturgeon and Mr Swinney.

The long-running inquiry is examining the design and construction of the QEUH complex in Glasgow following deaths linked to infections, with a report due later this year.

Police are investigating the deaths of seven people, including 10-year-old Milly Main in 2017.

In a closing submission to the inquiry in January, NHS Greater Glasgow and Clyde (NHSGGC) admitted for the first time it was “more likely than not” contaminated water caused serious infections in patients at the hospital, which opened shortly before the 2015 general election.

It also said pressure had been applied for the hospital to open on time, but it was “not ready”. Both Mr Swinney and Ms Sturgeon have denied applying pressure, and the health board later said it “came from within”.

Shortly after this, Mr Sarwar highlighted meeting notes from December 2019 and January 2020, in which officials and health board colleagues discussed the hospital’s opening.

These minutes said “political pressure” was being felt and “no consideration was given to delaying the opening of the hospital despite the issues being faced with completion and operation”.

However, the new note by the inquiry’s lawyers quotes one of those involved in these meetings, who said there was “no political pressure in the form of any specific written or verbal direction”, and the comment simply referred to “general pressure” to deliver such projects on time and on budget.

The note concludes: “It was not until 2018/2019 that the Scottish government first understood that NHSGGC had decided...to build this flagship hospital not in compliance with Scottish government guidance.

“The Scottish government did not know about the problems with the water system until 2018, but then neither did the senior management and board of NHSGGC due to failures to provide sufficient resources and lack of oversight by those responsible for the water system.

“Any ‘pressure’ from the Scottish government to open the hospital on time and on budget was made in ignorance of both issues.”

The note makes clear, however, that government systems to manage the procurement of the hospital “were inadequate for the task”.

Scottish Labour health spokesperson Jackie Baillie said: “This note is a damning indictment of SNP ministers’ failure to protect patients and safeguard public money.

“It says the Scottish government’s oversight was ‘not adequate’, that there was no ministerial scrutiny of the construction contract despite taxpayers’ money being on the line, and that the guidance supposed to prevent these failures was ‘too obscure and entirely ineffective’.

“While this note is welcome, it is no substitute for the examination under oath that should have been carried out as part of this inquiry.

“After all the spin, this makes clear there was a serious failure of government oversight at the heart of this scandal and the SNP must now stop lying about their role in it.”

A spokesperson for NHS Greater Glasgow and Clyde said: “Patient safety remains at the heart of everything we do, and we remain focused on providing safe, high quality care for all patients.

“We are committed to being open and transparent, providing clear information so patients and families can feel reassured about the steps we take every day to keep them safe.”

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