The Health Secretary has declared that any attempt by Holyrood to direct the Scottish Hospitals Inquiry to examine political decisions would constitute a breach of the law. This statement came during a heated debate on Wednesday, as Scottish Labour leader Anas Sarwar tabled a motion urging the inquiry to scrutinise the actions of the Scottish Government.
Labour's Push for Ministerial Accountability
Anas Sarwar's motion specifically calls for the inquiry chairman, Lord Brodie, to consider the roles of current and former ministers in the commissioning, construction, and opening of the Queen Elizabeth University Hospital (QEUH) in Glasgow. The motion highlights that key figures, including Nicola Sturgeon, John Swinney, and Shona Robison, have not provided testimony or faced cross-examination at the inquiry.
Mr Sarwar argued that without this scrutiny, there is a risk that ministers might use the final report to claim that problems were confined to the health board and beyond governmental control. "That claim cannot be allowed to stand without proper scrutiny," he emphasised, stressing the need for a full picture of events, especially after the local health board admitted a potential link between the hospital's environment and fatal infections, including the death of 10-year-old Milly Main.
Legal Constraints and Inquiry Independence
In response, the Health Secretary acknowledged the concerns behind the motion but firmly opposed it on legal grounds. He explained that all statutory public inquiries in Scotland operate under the Inquiries Act, which safeguards their independence, integrity, and credibility. This legislation grants inquiry chairs, not ministers, the authority to compel witnesses, demand documents, take evidence on oath, and determine relevance to terms of reference.
"Any member seeking to support the motion is attempting to influence the action of the chair and calling for the Government to act in a manner incompatible with that legislation, which, of course, we cannot do," the Health Secretary stated. He assured MSPs that the hospital is currently safe, though this assurance came only after repeated questioning.
Political Support and Document Release Demands
The motion, set for a vote later on Wednesday, appears likely to pass, with Scottish Green co-leader Gillian Mackay indicating her party's support. This follows a marathon session on the Natural Environment (Scotland) Bill, adding to the day's political intensity.
Additionally, Mr Sarwar's motion calls for the release of government documents related to the hospital's opening. While the Health Secretary committed to providing any information requested by Lord Brodie, he did not confirm whether such documents would be published independently of the inquiry's requests.
The debate underscores ongoing tensions between political accountability and legal frameworks in Scotland's public inquiries, with significant implications for transparency and governance in healthcare projects.
