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| Version 2 | Version 3 |
|---|---|
| Hep C patients' rights 'breached' | Hep C patients' rights 'breached' |
| (about 2 hours 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 hold 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, under 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 | 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. |
| 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. |
| The judicial review was raised by Mrs O'Hara's daughter, Rosaleen Kennedy, and Rev Black's widow, Jean, after the victims were infected as a result of receiving blood transfusions. | |
| The ruling pointed out that the Scottish health and blood transfusion services did not begin screening blood donations for the presence of hepatitis C until October 1991. | |
| A summary of Lord Mackay's findings stated: "In the particular circumstances of these cases, Lord Mackay has reached the conclusion that the only means by which a practical and effective investigation into the death of either Mrs O'Hara or Mr Black could be achieved would be if the state were to initiate a public inquiry. | |
| "That could be done by the lord advocate seeking the holding of a fatal accident inquiry before a sheriff or by the Scottish ministers setting up a public inquiry under the provisions of the Inquiries Act." | |
| Lord Mackay has arranged a legal hearing for ministers and the current lord advocate, Elish Angiolini, before making any further orders. | |
| He said that would allow them to consider what action they would take in light of the ruling. |