Question reference: S4W-20622
- Asked by: Richard Lyle, MSP for Central Scotland, Scottish National Party
- Date lodged: 3 April 2014
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Current status: Answered by Alex Neil on 30 April 2014
Question
To ask the Scottish Government whether the then administration instructed the Lord Advocate to raise with the Judicial Committee of the Privy Council the issues raised in Report of the Expert Group on Financial and Other Support, which was published in 2003, and, if so, what the response from the committee was and what subsequent action was taken.
Answer
Following the publication of the Report of the Expert Group on Financial and Other Support in March 2003, on 29 August 2003 the Secretary of State for Health and Health Ministers of the Devolved Administrations announced that a UK wide scheme would be set up to make ex gratia payments to certain persons who had been infected with the hepatitis C virus by NHS blood products provided certain conditions of eligibility were met and this scheme continues.
The report recommended that if the Westminster Government disputed the vires of what was being proposed by way of compensation for the people who had contracted hepatitis C from blood products, the Scottish Government should take immediate steps to have the issue referred to the Judicial Committee by the Lord Advocate. No such reference was made. With regard to the vires issue, in view of the fact that the scheme would involve continuing expenditure it was considered appropriate for Scottish Ministers to seek statutory powers. Scottish Ministers adopted the Skipton Fund under section 28 (Infection with hepatitis C as a result of NHS treatment etc) of the Smoking, Health and Social Care (Scotland) Act 2005: http://www.legislation.gov.uk/asp/2005/13/contents.
Section 28 of the 2005 Act provides for the Scottish Ministers to make a scheme for making payments to, or in respect of, persons who have been infected with the hepatitis C virus in certain circumstances. A scheme may include certain matters such as conditions for eligibility and the Scottish Ministers may make provision in the scheme for other persons to undertake functions or manage the scheme on their behalf.
Provisions within Section 85B of the NHS Scotland Act 1978:
http://www.legislation.gov.uk/ukpga/1978/29/section/85B allow Scottish Ministers to introduce a scheme to make provision to meet losses and liabilities of certain health service bodies.