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Hep C patients' rights 'breached' Hep C patients' rights 'breached'
(10 minutes later)
The human rights of two patients who died after being infected with hepatitis C through NHS blood products were breached, a judge has found.The human rights of two patients who died after being infected with hepatitis C through NHS blood products were breached, a judge has found.
Lord Mackay of Drumadoon has quashed a decision not to grant fatal accident inquiries into the deaths of Eileen O'Hara and Rev David Black in 2003.Lord Mackay of Drumadoon has quashed a decision not to grant fatal accident inquiries into the deaths of Eileen O'Hara and Rev David Black in 2003.
He said ministers and the lord advocate had acted in a manner incompatible with their rights.He said ministers and the lord advocate had acted in a manner incompatible with their rights.
That decision was taken in 2006, during the previous Scottish Executive.That decision was taken in 2006, during the previous Scottish Executive.
Lord Mackay's judicial review findings, issued by the Court of Session in Edinburgh, also referred to ministers' refusal at the time to hold a full public inquiry into the general issue of infections through health service blood products.Lord Mackay's judicial review findings, issued by the Court of Session in Edinburgh, also referred to ministers' refusal at the time to hold a full public inquiry into the general issue of infections through health service blood products.
READ THE RULING Opinion of Lord Mackay - Court of Session ruling [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here
He stated that the lord advocate - Scotland's senior law officer - and Holyrood ministers "acted in a manner incompatible with the convention rights of the deceased" at the time.He stated that the lord advocate - Scotland's senior law officer - and Holyrood ministers "acted in a manner incompatible with the convention rights of the deceased" at the time.
Lord Mackay said a further hearing would take place after ministers and the lord advocate had been given the chance to consider their positions.Lord Mackay said a further hearing would take place after ministers and the lord advocate had been given the chance to consider their positions.
The current Scottish Government has pledged to hold a public inquiry into people infected with hepatitis C and HIV from blood products in the 70s and 80s.The current Scottish Government has pledged to hold a public inquiry into people infected with hepatitis C and HIV from blood products in the 70s and 80s.
About 5,000 people in the UK were exposed to hepatitis C and of these about 1,200 were infected with HIV.About 5,000 people in the UK were exposed to hepatitis C and of these about 1,200 were infected with HIV.