Campaigners have criticised the Scottish Government over its continued refusal to legally compel UK regulators to give evidence over one of Scotland’s biggest health scandals.
Lord Weir has said he will ask questions of the Health and Safety Executive (HSE) and the General Medical Council (GMC) during the public inquiry into the Eljamel scandal which he is overseeing.
But campaigners say that without the government expanding the terms of reference to compel both agencies to hand over unredacted evidence, the inquiry will be an expensive waste of time and money.
They say exposing whether regulators played any role in the failure to stop neurosurgeon Sam Eljamel, accused of harming hundreds while he worked at Ninewells in Dundee until he was suspended 10 years ago, must be at the forefront of the inquiry.
Jules Rose, from Kinross, who had a tear duct removed by Eljamel instead of a tumour, said: “After more than a decade of lies and cover-ups, this public inquiry is our only chance of ever finding out just how much harm this surgeon caused, who knew about it and failed to act, and what needs to be done to prevent such a scandal ever again.
“The inquiry will cost taxpayers millions of pounds, and we will only get one chance to expose how this scandal was allowed to happen when we believe so many people must have known things were terribly wrong.
“That is why it is imperative that we see the correct terms of reference in place before the inquiry starts.
“If the terms of reference isn’t robust enough to legally compel UK regulators to give unredacted evidence, the whole inquiry will be a waste of time and money.
“Patients have already died without knowing what was done to them.
“Why Eljamel wasn’t stopped when it became clear he was harming so many patients has to be at the very heart of the inquiry.”
Inquiry chairman Lord Weir gave personal assurances that he intends to ask questions of the GMC and HSE.
But he said it was up to government ministers to make any decision to expand the terms of reference of the inquiry.
Former Radio Tay presenter Pat Kelly, who has been left with horrific health problems after being a patient of Eljamel’s, said: “Following what Lord Weir said, there is now no reasonable excuse for the Scottish Government not to include regulatory bodies the GMC and HSE in the terms of reference.
“Instead of just doing that, Scottish Government ministers keep hiding behind the excuse that these are ‘reserved matters’ instead of representing the patients who were harmed and demanding the answers we need.
“The inquiry won’t be asking to regulate the HSE and GMC but it should be demanding answers over whether either regulator contributed to patients being harmed in Scotland through their failure to act or their secrecy on the matter.
“I’ve personally written to the first minister to warn him that the credibility of this inquiry and the trust of harmed patients is hanging precariously in the balance.”
Campaigners say Scottish ministers hold legal authority under Section 5 of the Inquiries Act 2005 to amend the terms of reference of any public inquiry.
Kelly said: “There is no need for new legislation, cross-government agreements or court rulings.
“What is required now is the political will to just do it. They need to stand up for the hundreds who have been harmed, whose lives have been destroyed by Eljamel and those who allowed him to carry on harming patients for years.”
The Scottish Government said: “Former patients and their families deserve answers, however these are UK bodies and therefore outwith the competence of the Scottish Parliament to legislate on and so outwith the ambit of a Scottish Inquiry.
“The Cabinet Secretary and Lord Weir have both committed that patients will be at the centre of this inquiry.”
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