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QUESTION: Can we turn, then, to the article that appeared on 1 May 1983 on the front page of the Mail. PRSE0000199, please. I'm sorry, sir, we had a difficulty with redaction earlier today and -- but this isn't the article we had the difficulty with, so I think we are just being e xtra cautious before we put something up. There it is. Apologies, Ms Douglas. This is the article that -- the Inquiry has seen it before, with the heading "Hospitals using killer blood", and there are just three parts I want to re ad out and then I want to ask you a series of question s about it. ANSWER: Sure.
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QUESTION: We can see that you wrote it and you were the medic al correspondent, and the first paragraph: "Blood imported by the NHS from America could be threatening the lives of thousands of British peopl e." Then a little further down: "Experts revealed exclusively to The Mail on Sunday that two men in hospital in London and Cardi ff are suspected to be suffering from the disease [AID S] after routine transfusions for haemophilia." And we'll pick up another part in a moment. Can you tell us how you came to write this article? ANSWER: Yeah. I intimated earlier that I'd always had an interest in medicine, so I'd worked at junior level amongst doctors on a medical magazine which was for doctors in an earlier part of my career. So I was surrounded by people who were interested in medicin e, that's kind of my tribe. And there was always the buzz particularly as AIDS became such a big story and ho w was AIDS transmitted? Because of course we've all forg otten but with hindsight we didn't know in the beginning, a bit like we didn't know about Covid. And there w as a lots of talk about that. One of my best friends, who again comes from that medical journalism background but was still working on a medical magazine for doctors, so a limited commun ity, said to me one night over cocktails -- many journal istic stories are -- "Have you thought about the fact tha t" -- so it was her asking me this question -- "in blood transfusions, for example we're already worried tha t hepatitis is being transmitted through blood transfusions, that maybe AIDS could be transmitted in routine blood transfusions or when people and patie nts require blood products?"
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QUESTION: Can I just ask you to pause for a moment, Ms Dougla s. 10 I'm asked by the stenographers if you could sit a l ittle closer to the microphone and speak a little more sl owly for them. We have wonderful stenographers keeping track of everything you say and they're just finding it a little difficult to keep up. ANSWER: Is that any better?
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QUESTION: Let's keep going and I suspect I'll get a note if t here are difficulties. ANSWER: Okay, I can move that if that helps. Is that bette r? I've got an echo now. So it might be.
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QUESTION: Thank you. ANSWER: Sorry, would you like me to --
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QUESTION: Can you remember whether the doctor was directly treating any haemophilia patients himself? ANSWER: No, he wasn't. He was a scientist rather than a white-coated doctor who'd walk on ward rounds.
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QUESTION: In that context, can you remember whether the docto r you spoke with was Arthur Bloom? ANSWER: Categorically it wasn't.
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QUESTION: When you spoke to that doctor, do you recall what t hat conversation consisted of? Can you tell us about t he conversation with him? ANSWER: Absolutely. The first -- the reason why I even tar geted that doctor was, again, back to my friend Lorraine. She had heard of his name through a very -- haematologi sts are a small group. Medicine: we're all tribal, the haematologists are one tribe, medics are a bigger t ribe, the journalists are a tribe, so she'd heard --
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QUESTION: If we then look at the second column of the article just a little bit further down than where we are, we see a reference to the Swiss Red Cross: "The Swiss Red Cross, chief producer in Switzerland of the anti-clotting factor needed by haemophiliacs, said this weekend they would welcome requests from Britain for clean plasma." A letter from the General Editor, which we'll come back to later, refers to a Dr Ernst Staempfli from the Swiss Red Cross. Can you help us with how you foun d this Swiss Red Cross information? Was it from Dr Staempfli that you -- ANSWER: Obviously, I don't -- forgive me -- I don't remembe r the name -- but whoever the head of the Red Cross in Switzerland would have been, again, I was doing my homework and diligently probably also encouraged by the newsdesk, because you would keep reporting and sayi ng "I've done this, I've done that", and they would he lp, and that's how you get to a story like this. 18 I found the telephone number, phoned them up, said what I was doing from a newspaper and we were very concerned, and what were they doing in Switzerland? How were they treating the blood that they were collect ing? Was that going to sift out AIDS? And, of course, a gain, relevant to say no one was certain whether heat treatments or filtering would actually get rid of t he threat of a virus that we didn't really fully understand. However, whoever I spoke to, who was the head then of the Swiss blood products availability, told me t hat they were doing all they could with heat treatment and filtering to remove the risk of AIDS transmission, and that they were pretty sure there were no incidences using their blood or blood products. Whereupon I said "Well, would it be possible, and do you have enough supply?" Because we didn't have any blood supply, which I know we're going to come on t o later here, because we weren't self-sufficient, we were dependent on imported blood. "Would you be able to supply the UK instead of the American resource?" And he said, "Yes".
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QUESTION: Was your understanding that the Swiss Red Cross cou ld supply the UK's entire needs or just some of them? ANSWER: From memory, the entire need, but the cost would ha ve 19 been very high.
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QUESTION: If we look then at the headline that the article wa s given, what involvement did you have in the headlin e? ANSWER: Journalists -- the humble reporter, sadly, never ha s any influence whatsoever on the headline or pictures th at are used. You, if you're lucky, are consulted. An d because of the importance of this story, I do recal l being summoned to what was called the backbench, so it would be like the front bench here, and so the powe rs that be would say, "This is the likely headline, wh at do you think?" At this point I've had no contact with the editor and I said (sucked in breath) because it is sensationalist and I thought this was quite scary, because for me, don't forget I've said, I was quite a young reporter trying to prove my worth to this newspaper and validate that I could get great scoop s but this was quite a shocking headline, and I registere d that, and I remember thinking "Ooh", but I thought fundamentally, no one is going to take any notice u nless we do do something that goes (sucked in breath) "Ooh!" And that's what you kind of want, that intake of br eath factor.
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QUESTION: When you were speaking to your Cardiff doctor and o ther sources for this article, did any of them express 20 concerns that publishing the story would lead to pa nic and to patients refusing Factor VIII? ANSWER: Before I wrote that article, no, they were voicing genuine concerns. And we did discuss, and in my he ad certainly -- whether or not that comes out from the piece -- I realised that there was a counterbalance and a weighing of the risk of infection versus the risk of people being put off taking their Factor VIII, in particular for haemophiliacs, and that balance had to be addressed by doctors who would be advising those patients with honesty and transparency. And I don't think anyone at that point questioned the role of a doctor being honest and transparent w ith patients, and that wasn't an issue for me, writing that piece at the time. Obviously later, and again with hindsight, that became a major factor.
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QUESTION: Before the article was published, you think you had dinner with Norman Fowler. How did that come about ? ANSWER: As a medical correspondent, your job was to know th e Department of Health and the ministers in question and, actually, if you were any good even higher up, thei r bosses too. And because I'm a baby at this stage, age 26, I was busy climbing that ladder and later, later obviously knew the Prime Ministers of the day and h ad important relationships, as any national newspaper 1 editor would have. So as a correspondent, a specialist, you would absolutely cultivate all the people that you needed to know and have under your wing. So it wasn't surprising that I'd worked very hard to find Health ministers, health advisers, even the research assistants for those ministers. And I wou ld cultivate those contacts in the old days, it would be lunch or drinks, or just chitter chatter and you're picking up what they care about. And I definitely would have had lunch and dinner regularly and that still happens between specialists and ministers.
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QUESTION: Do you think that you discussed the article with hi m before it was published? ANSWER: I would definitely have discussed with him the conc erns because this was in my head and something I really cared about and would definitely have had that conversati on.
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QUESTION: Do you recall anything of his response or any more detail of the conversation? ANSWER: With Norman Fowler, at that point, I don't remember him flagging up that he was concerned in any way.
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QUESTION: You say in your statement that, prior to the public ation of the watershed article, you would have had to pho ne someone at the Department of Health to check the fa cts. Do you have any recollection of who you phoned or w hat 22 was said? ANSWER: It wasn't just you would phone someone; you would h ave been, in the process of writing it, checking all th e time. And the only person that I would have read t he story to -- because it was none of the business -- otherwise it would be a press release handout from the Department of Health -- was my source, and I did re ad it but I did not read him what the headline was likely to be, because probably, at that point, I wouldn't hav e known until, on a Sunday paper, quite late on Satur day that they were definitely doing, on the front page -- I wouldn't have known it was going to be that -- an d in such bold, large capitals, which of course is on th e newsstand what you want as a newspaper editor, peop le to go (sucked in breath) "Ooh, I've got to read that".
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QUESTION: Before we move to another facet of the article did you have any sources who discussed Scottish medical mat ters with you or was this article and subsequent article s primarily England focused? ANSWER: I don't recall it being any kind of divisive Englan d, Wales, Scotland or Northern Irish. It would have b een UK. So if we talked about British hospitals, which we don't, we just say, "hospitals", by the same token, the newspaper's circulation, the first edition of a newspaper would boringly have to catch the first 23 trains and first planes. So it went what we used t o call "off stone" at 6.30. You could then update th e story through subsequent editions and the main edit ion would be the London edition in the small hours of t he morning. So no, in terms of were there any changes made for different editions that I knew about? No. Did I s peak to different people within the Department of Health about any of the regions within the UK? No. But i f you remember, the story originated from Wales. But I d idn't even think about that.
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QUESTION: Just to go back to a specific question I've been as ked to ask you, whether you had any sources who discuss ed specifically Scottish matters? ANSWER: No.
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QUESTION: On the 6 May 1983, Dr Peter Jones wrote a complaint to the Press Council and I want to take you to that. PJON0000001_100, please. Thank you. It's the firs t and second paragraphs I want to pick up, and I will jus t read a little bit of it out, and then ask you about it. He flags the article and the headline and then says this: "As an experienced doctor deeply concerned with the care of patients requiring blood transfusion, a nd in particular families with haemophilia, I take the gr avest 24 possible exception to this approach to reporting ab out illness. This sensational and highly exaggerated article has, not unnaturally, started a chain react ion involving other newspapers and radio and television , not only in this country, but abroad. As a result, thi s Haemophilia Centre and others throughout the countr y have been inundated with calls from worried familie s. "I have no objection whatsoever to the press taking an interest in health and in objective repor ting of disease and its causes. However, the Mail artic le is neither objective nor accurate." Then he sets out a series of bullet points of critiques. When you heard about this complaint, what was your immediate reaction? ANSWER: Fear and concern, that maybe I'd got it wrong, even though I was very sure I'd done as much checking, through the processes we've discussed, to make sure that the story was really accurate. I was scared. I wa s a new, young reporter. This was the biggest story I'd ever done and I thought this was a very serious complaint that went through the processes within th e newspaper and I would be called in, ultimately, possibly, to explain myself being sensationalist or over-egging the story or getting it wrong. So I wa s 5 worried.
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QUESTION: You then worked on a response to the complaint with Mr Steven the Editor, which was ultimately sent out by George Woodhouse, the Managing Editor. ANSWER: Mm-hm.
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QUESTION: Could we turn to that, PJON0000001_104, please. The letter responds in detail to each point and I just want to take you to them and ask you about t hem. The first point: "You say the word 'virus' is used but there is no proof that a virus even exists as a cause of the acquired immune deficiency syndrome. "The word virus was used only in the strap-line. It is true that nobody has yet identified or isolat ed the agent causing AIDS but specialists for the last two years have been pointing a finger at a virus. "Most recent evidence from France and America shows conclusively AIDS is linked to a cancer virus [then there's a reference to two journals]. "Also on 17th May Reuters, the international news agency, put out a story from Paris stating conclusi vely that researchers at the Pasteur Institute working o n AIDS had isolated a virus that they claim could be linked with the disease." Is it right that you had obtained some of your 26 information, indeed this part of the information, f rom medical journals? ANSWER: Absolutely, and those journals in particular, that' s why we cited them.
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QUESTION: The letter continues: "You state that even if a transmissible agent is eventually proven there is no proof that it has bee n imported from the US." The letter addresses that, particularly if we turn over the page, with the paragraph "Finally": "Finally, leading experts in the UK consulted by us were prepared to admit the very real threat Amer ican blood products constitute. Health Minister, Norman Fowler and Junior Minister, Kenneth Clarke h ave both been warned some time ago of this risk. There is no dispute that it exists." Had that information come from your Cardiff source? ANSWER: No, it had been -- well, yes, first my Cardiff sour ce. But all the others were talking about the same thin g. There was no question at that point that the most l ikely candidate for AIDS transmission was a virus, it was in all of the scientific journals. At that point, not 100 per cent proven but that was absolutely what me dical opinion throughout the world was. And in Cardiff m y 27 original source would definitely have been talking to me about those fears, that's why he was worried in the first place, in his community. And there was a tra ck record for this. This is how other diseases were being transmitted and this disease -- suddenly AIDS was becoming -- m aybe we've forgotten -- but an epidemic that was very frightening, and its transmission was something tha t we prioritised to work out what was happening. And as soon as we were identifying it as a blood-borne disease, the natural thing was to say, well, we now have to seri ously question how we filter that out of the blood that w e routinely use and need in medical treatments. And lots of people were telling me that.
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QUESTION: Then at 4 there is reference to the two men and thi s letter indicates that Dr Jones had said that at the time the article was written this was untrue. Then it s ays this: "Sue Douglas says the two cases with suspected AIDS which we reported were in fact confirming a we ek later by doctors we had previously spoken to. Thes e doctors notified the watchdog Communicable Disease Surveillance Centre in London. Our information cam e from the patients' own doctors who understandably a sked for anonymity for both themselves and their patient s. 28 It is our belief that they felt obliged to notify t he Centre after our story. The statement was definite ly true at the time of printing." So again, in relation to the two men, the information, as noted here, had come from your sour ces, referred to as the patients' own doctors? ANSWER: Indeed.
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QUESTION: Just over the page, in relation to the Swiss blood point, we pick this up in relation to the article b ut, for completeness, towards the bottom of the page po int 8 deals with Switzerland and we see there: "Dr Ernst Staempfli of the Swiss Red Cross in Bern -- the central laboratories producing most of Switzerland's Factor VIII -- said his country had b een aware of the problems facing Britain following the appearance of AIDS in the USANSWER: "The Swiss Red Cross Society would readily receive any requests from Britain for 'clean' plasma." Dr Jones responded to that letter. We won't go to it but for the transcript the reference is PJON0000001_108. Before we leave this complaint, and the response, can you tell us a little bit about what the effect of the complaint and the response was on you in terms of your confidence as a journalist? 9
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QUESTION: And so in terms of those other reporters for other newspapers, what was your understanding of what the y were doing in relation to this story? ANSWER: I knew that -- because we all worked in a pack in F leet Street in the old days, and I knew that people were interested in the story because it was really big a nd really mattered, and I knew there were dead ends al ready and people were finding it very difficult to talk t o other people and to get that story validated. 31 So that added to my doubts, and their crowing, "She got it wrong", but at the same time, lots of p eople had known little bits about the story, and I think, to be brutally honest, although we'd done it as big sp lash and a big sensationalist story on the front page, there'd been little drip-drip feeds of that concern . Often -- I think The Guardian had done a story befo re even I had done -- little tiny reports with no real impact and nobody complaining. So it was a questio n of that peer group actually knowing that there was something good and, in old journalistic parlance, sniffing a story, and then you go off like hunting hounds, hunting for the truth and the bigger story within. So half of me was: they were interested, then there's the pack, as we used to be called, going fo r this story because it was so important. And part o f me is thinking [sucks in breath], did I get something wrong and what's going to happen? Am I going to be censu red and is the new newspaper going to be censured? Wha t's going to happen?
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QUESTION: You wrote an article on 8 May 1983, and if we can p ut that up. PJON0000001_101. It notes that the Government is taking emergency 32 action following the first article, and under the heading "Factory" we see this: "Mr Geoffrey Finsberg, junior Health Minister with special responsibility for the blood transfusion service, said yesterday that a ban on the blood [products], imported from America, is being conside red. "In the meantime, plans to make Britain totally self-sufficient in blood products have been pushed ahead. Mr Finsberg is demanding a change in buildi ng plans of a new £20 million blood separation factory at Elstree, Herts, so production can start long before the official date in 1986." Then on the continuation of the article, there is a quote from: "Dr Anthony Pinching, one of Britain's leading immunologists researching AIDS at St Mary's Hospita l, London, said: 'I wouldn't dream of giving a patient American blood products. We have to find an altern ative immediately'." With regard to Mr Finsberg and Dr Pinching, where would that information have come from? ANSWER: I would have been talking to them from the very beginning, so that first what we used to call splas h, the front page story, "Hospitals using killer blood ", I would have been talking to both of them at that t ime. 3 So again, as I've indicated, that is a conversation ongoing, with a specialist, that you're talking to all the people within your community that are relevant, and building a story from the fears and detractions, as well as the people saying, "Yes, this is right and this is what we're doing."
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QUESTION: When there's a direct quote from someone, it may se em an obvious question, but where does that come from? ANSWER: Probably a phone call or possibly a meeting. And I should add, sorry, that you would always read, in those days, the quote back that you were using, tha t was going to be published. And I would assiduously do that.
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QUESTION: Having had a letter of complaint to the Press Counc il, you're now publishing a further article which may b e controversial again. What process was followed wit hin the newspaper in relation to this article in relati on to making sure it was accurate? ANSWER: So the same process. And particularly now, because we've had an official complaint, of being so rigoro us about checking and fact checking, and checking agai n. And we would have lawyers and we would have other people -- so the News Editor would almost always so rt of rather de haut en bas say, "Right, well, I'm making sure, you know, because on my head be it". So ther e was a chain of command, and other people would be actua lly 34 helping me, and at that point I would obviously hav e been engaged in a direct conversation with the edit or of the newspaper because at that point the newspaper i s making a stand to continue that coverage. So by then I'd been almost promoted to be talking directly to the editor, who was like a god in those days, and actually telling him what further evidenc e I had and how important this was. And he, by the t ime this piece was published, was not just thinking thi s is a great story, but thinking this is a campaign.
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QUESTION: There was then a further article about the death of a man which was described as a scandal. If we could have HSOC0016002. If we pick it up on the first column, we see that his death is recorded and the article then says thi s: "[Mr X's] death certificate will say that he died of renal failure at Bristol Royal Infirmary. Becau se of that there will be no need for an inquest, accordin g to the city's Coroner's Office. Yet everyone who know s about [Mr X], his doctors as well as the Government 's watchdog committee, the Communicable Disease Surveillance Centre, knows that the real cause of h is death was that he was given blood infected by AIDS ..." And it's recorded that he was someone who suffered from haemophilia. 35 Again, the information that was used for this article came from sources who were doctors; is that right? ANSWER: Correct.
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QUESTION: If we then pick it up in the editorial box, with th e heading "Why there must be action", who would have written this editorial element? ANSWER: The editor would write that with the journalist in question, me, sat by his side. And he would be tap ping away with what he wanted the paper to say. The edi tor always was the voice of the newspaper. And he woul d be deferring to me, because obviously he didn't know t he facts of the story, but by then probably Stewart St even did know all the facts of the story because we'd al so been taken to task by the complaint, and would be v ery careful to make sure that everything he said within this editorial piece we're looking at now was correct.
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QUESTION: The editorial piece says in the first paragraph -- let me read a couple of paragraphs out for those who ar e listening to the Inquiry today: "The suppression of the facts of [Mr X's] tragic death and the lack of an inquest point towards a conspiracy of silence. "It may be that in withholding information, [Mr X's] family, the Haemophilia Society, and the 36 doctors who treated him were all acting with the mo st honourable of intentions. "All have stressed the need to avoid panic among Britain's 4,500 haemophiliacs. However, they are mistaken. "Only by revealing all the details of this scandalous and unnecessary death can we protect oth er individuals from a similar fate. Only public press ure can stop other haemophiliacs from dying." If we just pause there, why did you consider that there was a conspiracy of silence? ANSWER: Because the doctors I'd spoken to, including the do ctors looking after the patient who died, were very conce rned, and quite clearly the cause of death was that the infection of AIDS was what killed that patient. An d yet the death certificate said something else. Just as in Covid, quite often you died of respiratory failure or another thing, that would be on your death certific ate, but everyone knew it was Covid. So the problem there is that nobody wanted to take up that baton and say, "This is important, other pe ople are going to die of AIDS, and we should to a someth ing." So it was just sublimating the fact that he'd died of AIDS, or had died because he was infected with A IDS, wasn't going to be talked about and wasn't going to be 7 raised as a possible risk for other patients, and i t was just putting a lid on it again.
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QUESTION: I'm asked to ask whether you considered that Govern ment officials and ministers were party to the conspirac y of silence, particularly -- sorry, yes -- whether they were party to the silence. ANSWER: I felt that they were, and my continued conversatio ns with ministers, as we discussed, and their underlin gs, right down to research assistants, there was that concern very definitely: why wasn't it being voiced ? Why wasn't anyone allowed to say, "Yes, we're very concerned and we're looking into it"?
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QUESTION: The editorial then goes on: "In May, I pointed out the dangers of importing blood from a country with an AIDS epidemic. And I was viciously attacked for panic-mongering. Must anoth er innocent man die before action is taken? "However, while Britain continues to accept American blood supplies, our advice to all haemophi liacs is: "Continue to take your Factor VIII treatment. The risk of bleeding without treatment is infinitely gr eater than the risk from AIDS." In terms of that note of advice, effectively, to haemophiliacs, who did you speak to know what advic e to 38 give? ANSWER: The Haemophilia Society and various people who I'd obviously talked to by now with some months of a relationship, and families and people who were ve ry concerned about what was happening. And at no poin t did I think I had the right, as a reporter, to tell peo ple what to do. But what I was trying to encourage the m to do, in my own way as a messenger, was to encourage doctors, who were asking real questions, to be hone st and open with their patients, who were alarmed, and they were right to be alarmed, and actually be a little bit more transparent with the risks instead of denying them. And that balance of the risk, we didn't know at that stage what the risk was. There were 4,500 haemophiliacs in the UK at that time. We now know that over 3,000 of them died. That's huge. At tha t time, we didn't know how dangerous it was, or how likely -- if they were receiving infected Factor VI II, how likely it would be that they would get a potent ially fatal disease. So we had to say -- and we would sa y it to our own families infected with something like th is, or with Covid or anything else that's happened -- w e would be open about the risks. And of course, a do ctor is there to reassure you about what those risks are , what actions one can take, and how to be sensible a bout 39 this. But again, to continue with what we knew to be a really dangerous risk was profoundly wrong not to be enquiring about alternatives after already several months of those concerns being broached.
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QUESTION: We can take that down now, Lawrence, thank you. Just staying with the question of conspiracy of silence and thinking about it a little bit more bro adly, you speak in your witness statement about the medic al community being divided between those who wanted to act and those who didn't. ANSWER: Yes.
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QUESTION: What do you think differentiated those who wanted t o act from those who didn't? ANSWER: Partly fear. Again. Like I'd experienced. What d o we do? Our job as a doctor, if we're -- as we said in that newspaper editorial, you are responsible and, up to a point, the expert in charge of life and death for your patients. And if there is no choice at that stage, which a number of doctors voiced at that time to me , and I remember it very well, "There isn't a choice, Sue ", I can't say to these patients, "Don't do this becau se there's a very real risk of you getting AIDS", beca use they have to take their Factor VIII. Otherwise the y could die of the slightest injury and just bleed to 40 death. So what do I do? I'm frightened. Literall y scared that there is no choice. So I don't know if that answers your question. I think for a lot of the doctors they were genuinel y worried rather than being -- trying to play god. S ome of them, perhaps like any other profession, weren't honourable and thought: I'm in charge, this is what you do, carry on taking the treatment. But I doubt it, otherwise you'd never have been a doctor in the first place. And others were so concerned, and perhaps had delved even deeper, to say -- but we didn't know, remember -- "The risk of you getting AIDS is greate r than the risk of you bleeding to death."
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QUESTION: In your discussion with sources, were you aware of doctors being sanctioned or facing any repercussion s if -- when they did speak out? ANSWER: Yes, because all the time I was talking to doctors saying, "But don't quote me". They might lose thei r jobs.
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QUESTION: Are you aware of anybody in fact losing their jobs or was it a fear expressed to you that they might? ANSWER: I think my original source had faced some really ba d backlashes at work, and others were very keen, who I spoke to totally separately, particularly doctors 1 looking after patients, that they had been counsell ed, "Under no circumstances should you be a panic monge rer, and fuel that panic."
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QUESTION: In a much later letter to the Press Council in 1988 , the managing editor said that the article had generated one of the heaviest postbags from readers, largely from grassroot doctors and nurses congratulating the pap er for speaking out. Just for the transcript, the reference is PJON0000001_062. Was that your experi ence as well? ANSWER: Yes. And don't forget, again, it's so different fr om today. You don't get "likes" but there was rafts o f what we used to call the green biro brigade, people who actually bothered to write in to a newspaper. In t hose days you'd have to bother to write a letter and sen d it or phone up. But we were getting switchboards in t hose days jammed with calls saying, "We're worried". An d particularly from my point of view, as the named wr iter of the stories, The Haemophilia Society and individ uals, who to this day continue to contact me, were saying , "Please do something. Help us."
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QUESTION: From your conversations with your sources, do you h ave any sense of why there was that fear for doctors ab out being frank on such an urgent public health issue? ANSWER: Yes, they had no choice. There was nothing else th ey 42 could give them apart from advising that they went privately, perhaps.
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QUESTION: And you speak in your statement of the hierarchy of the medical community was responsible for covering up t he issues. What were you referring to there, what do you mean by that? ANSWER: The hierarchy right to the top in Government terms, and to ministerial levels, but it was both that and tha t seniority ladder, that if you haven't got a choice and you're a junior doctor or even a middle ranking doc tor, or holding high position, that you might know that these things were true, but if there was nothing that you could do about that other than talk about it, the a dvice would be "Shut up."
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QUESTION: Dr Jones wrote another complaint to the Press Counc il about this other article. The reference is PJON0000001_126. But this wasn't pursued because t here was also legal action threatened and resolved betwe en the paper and The Haemophilia Society, and in your statement you said you had no involvement in that a spect of this second complaint and the legal action? ANSWER: I didn't, but there again obviously it's part of th e ongoing campaign, which I had said it's -- rather t han one article and then another, the paper had at that point very much identified this as something that w e 43 would see all the way through. So I was aware of i t but not involved.
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QUESTION: Another of those articles was in November 1984. DHSC0000352. We won't particularly go there today. The Press Council initially upheld Dr Jones's first complaint. What was the impact of that on yo u? ANSWER: Appalling. The Press Council basically was the council -- with phone hacking later and all the oth er things -- that's our body of approval/disapproval, and if you've been actually warned by the Press Council , and particularly in the terms that the warning articula ted, it's very damning for a journalist's career.
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QUESTION: -- and whether you saw their publications? ANSWER: The Haemophilia Society's publications, of course.
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QUESTION: The Press Council refused to withdraw their adjudic ation but did reconsider it in 1987. By that time you we re the Daily Mail and you weren't involved, but were y ou aware of the withdrawal of it? ANSWER: Of course, and although I was at the Daily Mail, Th e Mail on Sunday was the sister paper of the Daily Ma il, 5 and those two newspapers didn't work in concert, ha d entirely separate staff, but Stewart Steven continu ed to be the Editor and the Daily Mail had picked up the cudgels and also was not exactly campaigning but it was one of those stories -- I mean, this is now three y ears after -- four years after the original story and st ill nothing has been resolved, and, yes, of course I wa s aware of these things. But not in a position to be writing about it as a medical expert any more.
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QUESTION: Thinking about your original May 1983 article, in t erms of other journalists other media outlets, if there hadn't been a press complaint or a backlash about t hat article, what difference do you think that might ha ve made in the actions of other journalists and other media outlets? ANSWER: It's like -- with any big story, it's like a tsunam i. There's little tiny bits of the wind blowing, and i t gathers momentum, gathers momentum. If something i s then going to stop or warn journalists and particul arly newspapers "No, don't go there, don't do that", the re will be a hesitation. And I think that was very mu ch what happened, and although that pack, as I've said before, hunt as a pack, and a good story would be a story that would run and run, that intervention stopped it running and running and there were littl e 46 sporadic outbursts and little sporadic reports, but nothing as significant as the story warranted.
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QUESTION: When you say you had understood that he knew there was a problem, where had you obtained that information from? ANSWER: Again, if you recall, this was a sort of cloud of opinion. I can't identify one particular nay-sayer or one person who worked for him or with him. It woul d be haemophiliacs who were obviously asking those quest ions who'd perhaps even seen this. It was the doctors' community that were already concerned, and Dr Jones was, you know, someone who knew, an intelligent person w ho's written this in The Lancet.
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QUESTION: I'm not going to put this document up, but we have a letter from the Managing Editor that was sent to Dr Jones on 1 July 1983, responding to his complain t. One of the paragraphs I'm asked to read out is this : "I must say that I am concerned at your extremely strong criticism of Sue Douglas and would suggest t hat it is unwise to reference to anyone as showing appa lling ineptitude. Any form of attack on individuals is r eally counter-productive to resolving this disagreement 9 between us." Were you aware that that was the stance your Managing Editor was taking? ANSWER: Absolutely, and it had become very personal and it would be something that was discussed with the Editor, me , and the Managing Editor, so that I was very aware of ex actly what we were saying on my behalf.
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QUESTION: Apologies, I didn't give the reference for that let ter, PJON0000001_112, just for the transcript. ANSWER: So yes, I mean, George Woodhouse and I would have discussed it but only in the presence with the Edit or. I mean, you know, it would normally be with the Edi tor that I was talking, from management's point of view .
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QUESTION: Was it your understanding, in making his complaint, whether Dr Jones was acting independently or did yo u understand others to be involved or encouraging his actions? ANSWER: It was very much my view then -- it's difficult to discern now with hindsight -- that he was almost ha ving a crusade against me, and that it was very much "sh oot the messenger". And, in the light of this particul ar letter that he'd already written, I would have know n at that time that he knew there was a problem. Why wa s he picking on me -- and anybody else -- the climate of fear of actually saying anything further -- about we sho uld 50 do something?
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QUESTION: If we can then turn to HSOC0016112, please. In the column furthest to the right, there are these two paragraphs: "Although The Mail on Sunday highlighted the problem five months ago, Health Minister Kenneth Cl arke was still saying yesterday that there was little th at could be done. "'We will make every effort to find a risk-free source of blood. If we find such a country we will certainly stop imports from America where AIDS is prevalent'." I'm asked to ask you what your source of that information is, including the quote? ANSWER: Ken Clarke direct, who I would have been talking to , and had seen it in person on a number of occasions.
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QUESTION: Also in this article, if we just come out to the ma in article, we were discussing the issue of the conspi racy silence, and I asked you whether you had spoken to The Haemophilia Society, and you indicated that you had. ANSWER: Yes.
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QUESTION: I'm invited to ask you who at the Society you spoke to? ANSWER: I can't remember. That was a dialogue and there wo uld have been several people, not just one.
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QUESTION: Your Cardiff source, that was not Arthur Bloom, app eared 51 to be giving different information to you than what Bloom was giving to the Society. I'm asked to ask you whether you told the Society that your understandin g was that Arthur Bloom had got it wrong? ANSWER: I don't think it was ever my position to tell anyon e anything, beyond -- within articles or properly researched -- our readership. So the medical establishment I wouldn't be telling any more than w ould be voicing "I have been told these opinions and wha t do you say about it?" So I would ask questions.
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QUESTION: Can you tell us any more about what you said to The Society before this article was published? ANSWER: This particular one?
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QUESTION: In relation to the conspiracy of silence. ANSWER: Again, it's taxing my memory but, as a code for journalists, I would always have questioned their response, probed deeper, tried to find points of difference, looked at weakness in argument and just said, "Why do you think that? And what do you thin k of this?" It would be very much questions rather than ever telling them anything other than things they'd alre ady known.
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QUESTION: In relation to your earlier clarity, your first art icle, we discussed the Swiss Red Cross. 52 ANSWER: Yes.
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QUESTION: In our discussion you mentioned that you were aware of the risks of the transmission of hepatitis through blood and blood products. Do you recall this being an is sue of concern to you or others in the medical communit y? ANSWER: Yes. Anything that was transmitted that caused unnecessary disease would be an issue, and we would seek to flag that issue. The whole point of journalism is to ask questions, and hopefully get solutions. So the fact that hepatitis -- and presumably there are other diseases and possibly I'd cited other possibilities , through blood transmission, and the point was alway s then: what is the risk versus the benefit of taking that treatment? Normally, one would think, in the medical community that there would be clinical trials and t hings 3 like that. None of that ever happen, and neither w as anyone really addressing the evidence of one agains t the other. That just wasn't happening. When one posed those questions there was nobody actually picking u p the baton and running with it to explore what was the r isk of transmission of even hepatitis?
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QUESTION: You mentioned doctors' views, people you were talki ng to: there was no option but to treat patients with Factor VIII. Do you recall any discussion about wh ether a different approach could be taken in relation to mild or moderate haemophiliacs? ANSWER: No, and I do think when I say there was no other treatment, that was something that I was obviously trying to explore, as a journalist. What else are other countries doing? The whole heat treatment and filt ering of blood, was that successful, wasn't it? This was such an early stage and we didn't know in the beginning whether that actually did filter out any potentiall y harmful bacteria, infection or viruses. We just di dn't know. And, as we've heard at the very beginning, A IDS went even actually confirmed as a virus until quite early on in all of this. So I think the point of this is exploration, encouraging the scientific community, which it's perfectly capable of, to actually explore other opt ions. 54
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QUESTION: -- do you recall? 55 ANSWER: There was. And, again, it was so early on that whe n people were voicing alternatives like heat treatmen ts, like all the other -- the changes in T cell behavio ur, none of this was definitive. These were all just: this is what's happening. The only evidence that we kne w at that time in '83 is that haemophiliacs were getting AIDS. How were they getting AIDS?
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QUESTION: To what extent did you research the safety of blood and blood products collected in the UK, as opposed to t he American imports? ANSWER: From memory, I was told that we had no self-suffici ency. Possibly we did, in the private sector, and that yo u could even --
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QUESTION: I'm sorry, not in relation to self-sufficiency. ANSWER: Sorry.
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QUESTION: But just in relation to the supply of plasma and bl ood. Did you investigate anything about the sources of t he UK supply? ANSWER: Well, we were getting the American supply. Is that what you mean? We were getting only the American supply because as I understood it, that was cost effective .
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QUESTION: So you didn't undertake any investigation about sou rces of blood and plasma collected domestically? ANSWER: Oh, I see what you mean. Sorry. Yes, I knew that -- I mean, obviously, the first question is why can't we 56 get the blood that we're collecting from donors in this country? And, at that point, we were actually preprogramed to get our Elstree laboratories up and running but it was like four years from when I was reporting. But we didn't have central blood banks. And so what Government policy was and health policy was that we would find a reliable and mass s ource cheaply, which we did from America.
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QUESTION: The question is slightly different, I think we are almost there. ANSWER: Sorry.
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QUESTION: No, it's my fault for not framing this adequately. Did you uncover anything about where the UK blood and p lasma was coming from, in terms of whether it was the sam e as the US, places like prisons? ANSWER: Oh, I see what you mean. Sorry, I completely -- ye s. Because in this country it's a volunteer thing and in America it was paid for and largely sourced from communities that needed that money and particularly from prisoners and drug addicts and vagrants, and that t here was a tradition of that blood being harvested, whic h we don't have in this country.
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QUESTION: Sir, we are turning today to Scottish Government decision making focusing on the period from the 1970s to about the early 1990s. I am going to start with a handful of introductory points, most of which will be familiar to those who have followed previous Inquiry presentations, this oral presentation accompanies a written note which has now been disclosed on the Inquiry website. The written note, as will be obvious to those who have seen it, is lengthy and it covers a large number of documents which were available on Relativity. I certainly won't be covering every document or issue that are contained in the written note today . I should also say , as I have said before in presentations , that whilst the written note is lengthy , it doesn't purport to address every relevant document . No doubt there will be further documents and points brought to your attention by core participants and legal representatives in due course. The Inquiry team also intends to disclose a much 2 shorter addendum note on a particular issue that I'll touch on later today . It relates to the hepatitis waiver or the waiver that applied in Scotland in the context of the HIV Haemophilia Litigation and , in particular , whether that waiver covered only hepatitis -- sorry, only HIV or both HIV and hepatitis. I'll come back to that later on today , sir, but we also intend to disclose a short addendum note addressing it. In terms of witness evidence on Scottish Government decision making, the Inquiry has already heard from Duncan Macniven and Lord Forsyth , but the Inquiry is also obtaining a further witness statement from a further Scottish Government official, Mr John Davi e s , who was a senior official in the Scottish Home and Health Department between 1983 and 1985 . We will see his name appear on a number of documents relating to AIDS in particular during the course of today . The Inquiry is in the process of obtaining that statement and it should be available shortly, both a written note and what I say orally will fall to be considered alongside that statement and Mr Davi e s' s evidence. Now , the structure of the rest of today will broadly follow the structure of the written note for those who are following it. I should flag that one 3 topic I in tend to miss out more or less completely today is self-sufficiency and supply of blood products. Now , that topic was of course considered in some detail in the March hearings . The written note add s some further detail on the involvement of Scottish Government decision-makers . They look ed at very similar issues and a similar chronology to the material considered in March. The evidence that's available is in the written notes and I'll be focusing on other topics today . Finally , on terminology, much of the material that we're going to be looking at today concerns the Scottish Home and Health Department, the SHHD, which is a bit of a mouth ful sometimes . I'll occasionally refer to it as the HHD, occasionally as "the Department ". I wi ll try to make it clear when I'm contrasting it with the equivalent department in England and Wales, the DHSS or the D epartment o f H ealth . I'm going to move now, sir, to the structure and organisation of the HHD and the Scottish Office relatively briefly and its relationship with other bodies . It will be apparent from the written note that the sources we rely on to outline the structure and organisation of the HHD and its position within the 4 Scottish Office mainly involved witness evidence. That includes witnesses who gave evidence to the Penrose Inquiry and witnesses to this Inquiry , such as Duncan Macniven . The note also makes reference to a document created during the course of the Penrose Inquiry which summarises the structure of the HHD in the 1980s, lists the names and titles of number of officials and ministers, and that's a document which is set out in the written note. Now , that and a significant part of the available witness evidence focuses on the 1980s but many of the key features of the way in which the Department was structured also apply to the 1970s. Now , as the witnesses we have heard from in this Inquiry have noted, during the 1970s and 1980s, the Scottish Office was of course part of the wider UK Government. It was headed by a Secretary of State for Scotland, beneath whom were a number of more junior ministers. Now , that Secretary of State for Scotland was a member of Cabinet, but there were a number of areas in which decision making, policy and decision making, was devolved and fell to Scottish Office ministers and officials. Health , including blood services , was one of them. One of the issues we'll look at further during 21 September 2022 5 the course of today is the relationship between those decisions taken in Scotland and the wider UK Government. Now , the Scottish Office itself was divid ed into a number of departments, one of which was the HHD. Each department reported to one or more junior ministers and through the junior minister to the Secretary of State. The junior minister with responsibility for Health could be a parliamentary under-secretary of state or a Minister of State. The ministerial responsibilities were allocated by the Secretary of State for Scotland. As with the DHSS, the HHD had a dual hierarchy of officials, on one side were administrative officials, on the other were medical officials. Both contributed to advice to ministers. A very brief summary of the administrative structure : the hierarchy of administrative officials in the HHD was headed by the HHD secretary , who reported to the Scottish Office Permanent Secretary. Beneath the HHD Secretary were under-secretaries, then an assistant secretary , occasionally called the senior principal, underneath the assistant secretary, senior executive officers, sometimes referred to as principals. Departments in the Scottish Office were divided into groups, each one was headed by an under-secretary. Each group was divided into several divisions . At the 6 head of the division was an assistant secretary and , generally speaking, groups were referred to by a Roman numeral, followed by a letter, sometimes the particular Roman numeral and the particular letter changed over the course of years . D ivisions were then generally divided into branches and at the head of a branch was a Senior Executive Officer. On the medical side , the hierarchy of medical officials was headed by the Chief Medical Officer for Scotland, the CMO, beneath whom were deputy chief medical officers, DCMOs, principal medical officer s , senior medical officers and medical officers. Until 1974 the HHD had one DCMO to whom principal medical officer reported. In 1974 a second DCMO post was created and the two individuals who were in post from the mid-1970s in that period were Dr Iain Macdonald, Dr Graham Scott . We'll see their names appear in a number of documents we look at today . In 1985, Dr Macdonald was appointed CMO and the hierarchy beneath him reverted to just one DCMO . Now , the principal medical officer from 19 7 7 to the early 1990s was Dr Archibald McIntyre . That's a name that will appear a number of times today . The senior medical officer with responsibility for blood services from around 1973 to 1985 was Dr Albert Bell. 7 We'll see him appear a number of times today , as we will with Dr John Forrester who replaced Dr Bell in 1985 until 1988. Now , the CMO in Scotland and DCMOs had a wide range of responsibilities. Dr Macdonald , in giving evidence to the Penrose Inquiry , described two practices which he said were intended to keep the CMO and the DCMO aware of the work of the medical staff beneath the m. The first one was a meeting every Monday morning, which was chaired by the CMO or a DCMO , attended by PMOs heading each of the groups , principal medical officers . He said these were quite in formal meetings . No notes were taken . The second mechanism was a monthly report written by senior medical officers and medical officers which were generally known I think as PMO reports, principal medical officer reports, which set out the issues and the activities medical officials had been involved in during that month. Dr Macdonald's evidence by the time of the Penrose Inquiry is unfortunately those reports were no longer available . That remains the case today , although we will occasionally see documents which seem to have been intended to contribute to PMO reports. One of the issues that was explored in witness evidence we've heard previously in this Inquiry with 8 Mr Macniven and L ord Forsyth was the relationship between ministers and officials in the HHD and the wider Scottish Office, in particular how it was decided whether or not an issue should be put to a minister f or a decision or to inform them about an issue. I'm not going to repeat that evidence that's already been given. The thrust of it was there were n o set criteria and it was a matter of judgment for the officials to decide when to put the issue to ministers. I am going to highlight a paragraph in written evidence to the Penrose Inquiry which casts some further light on this evidence, it comes from the statement of Alexander Murray and , Lawrence , if we could please have PRSE0002440. This is the statement of Alexander Murray for the Penrose Inquiry . It was on the topic of HIV testing. Mr Murray was a senior executive officer in the HHD between 1983 and 1987. This statement was considering in particular the introduction of HIV testing but there's a section that's of more general relevance for our purposes . So if we could go to page 4, please. Then the third paragraph . That's great, thank you. So the first sentence refers to the evaluation programme relating to the introduction of HIV testing, 21 September 2022 9 but Mr Murray goes on to describe -- ANSWER: Well, can you help with that, because much depends on timing in respect of this , what is meant by "at this stage"? Can you link that back for us, please, to what he says earlier.
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QUESTION: I believe he's referring to the timing of the decision to put this issue to Scottish Office ministers in the first few months of 1985, and how officials went about deciding -- ANSWER: Well, can you be any more precise about that?
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QUESTION: That's -- sir, I will -- if I may, I might come back to being a bit more precise about that. ANSWER: The reason for my asking is this: the idea of evaluating appears to have arisen initially in January 1985 with the DHSS. It is not entirely clear when it was taken forward, but it would have been some time between mid-January and early February, in the DHSS. It would appear from what is said in this statement that the Scottish ministers were not notified in advance that there would be an evaluation programme and therefore weren't in a position , if they had wished to do so , to challenge it and say, "W ell, w hy are we evaluating? Why don't we get on with it?" Or whatever 10 might have crossed their minds . And that's why I'm so interested in the precise date .
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QUESTION: Sir, I can quite see why you're interested in the precise date. I'm going to come back to the introduction of HIV screening -- ANSWER: It's not -- if you can't answer it off the top then better a considered answer in due course .
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QUESTION: Thank you, sir. I could try to give you an answer off the top but it would be a bit too rough and ready and I will make sure that I have a more precise date to give you linking to this paragraph when we get to the introduction of HIV screening later on today . ANSWER: Thank you.
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QUESTION: Sir, we can see , in this paragraph that's highlighted here , Mr Murray describing the sorts of factors which might lead to a minister being involved directly in an issue , and he says: "An issue like this would normally be brought to Ministers' attention in the following circumstances: to keep Ministers aware of important current developments ; if something was going to appear in the media ; if a decision had to be made which officials considered only Ministers can make ; if an interdepartmental dispute needed to be resolved ; to bring together , in an overview submission , a number of issues affecting multiple 11 divisions within a Department , or multiple Departments ; or where developments in Scotland affected UK Departments and vice versa. When a Department considered an issue was of such importance that the final decision required to be made by the Secretary of State, the submission would be in the form of going first to the junior Minister concerned and then to the Secretary of State." As we go during the course of today to submissions which were put to ministers in the HHD, we will come across some of those circumstances. ANSWER: There's an element of circularity, is there, about those reasons. As you say , it's a matter of judgment, but keeping ministers aware of important current developments demands someone considering that there is, first of all, a development. Secondly , it's a current development . But , thirdly, it's important. Those are all matters which each of them in turn , to a greater or lesser extent , involve a judgment. Then if something is going to appear in the media, that speaks for itself. But a decision had to -- the next one : "... if a decision had to be made which officials considered only Ministers could make ... " It's exactly the same, isn't it? You are sending 12 something to a minister which a minister should decide. Well, that's a question of judgment again, isn't it ?
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QUESTION: That's exactly right, sir, yes. Yes . A number of these factors come back , as you just said , to a question of judgment . They're consistent with what, for example , Mr Macniven said . They don't give us a precise answer . They don't give us a set of criteria by which that judgment was evaluated . Some of them are perhaps a bit more hard edged , like something appearing in the media , but you're absolutely right, sir , that many of them come back to the matter of the official's judgement . ANSWER: I mean, I suspect that , as with most matters of judgment , generally most people would agree , but it doesn't answer the point, really , it doesn't provide a specific objective criterion beyond what is set out.
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QUESTION: That's absolutely right, sir, yes. ANSWER: Thank you.
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QUESTION: We can take that down now. Thanks, Lawrence. Now , the nature of the relationship between the Scottish Office and the wider UK Government , more particularly between the HHD and the DHSS , or later the Department of Health, is an important aspect of our understanding of HHD decision making in this period. 21 September 2022 13 The written note records at a more general level some of the different ways in which that relationship has been described by witnesses both to this Inquiry and to the Penrose Inquiry. There might be said to be contrasts that can be drawn between those descriptions or at least differences in emphasis between them. For example , the note records Dr Macdonald's evidence to the Penrose Inquiry, when Dr Macdonald said that on major policy matters the DHSS will have been expected to take the lead, and other departments , such as the HHD , will have been expected to fit their policy around the lead of the DHSS. He put it another way when he said that the DHSS would be expected to take the lead and then other departments would implement a common policy, subject to a modest degree of adaptation in formed by local circumstances. Now , those comments should be considered alongside other evidence , such as that of Mr Macniven. Mr Macniven commented that , as a matter of good administration, the HHD and the DHSS will have kept each other in touch with developments in one country that might affect the other, but he described the Health Service in Scotland as being entirely devolved to the Secretary of State for Scotland and through him to 14 the HHD, emphasised that the DHSS had no oversight role. Similarly, Lord Forsyth, whilst stating that there were occasions on which he felt that the DHSS or the wider UK Government hadn't consulted sufficiently with the Scottish Office, said that , broadly speaking, every Secretary of State for Scotland used to say that they were Scotland's person in the Cabinet, not the Cabinet 's person in Scotland. Now , that is really just a broad brush overview picture of this issue. Sir, you may wish to consider it and may well hear submissions on how that relationship operated in the context of particular issues, for example the introduction of hepatitis C screening. Now , the written note also seeks to summarise evidence relating to the HHD's relationships with other bodies such as the Common Services Agency and the SNBTS. I'm not going to go very much further into that now. One of the issues that arises in that context is the extent to which there were difficulties or tension in the relationship between the HHD and the SNBTS, particularly Professor Cash, the extent to which such difficulties may have affected decision making. It was explored in witness evidence to some extent, for example , with Mr Macniven. The written note contains some documents, some of which suggest strains in the 15 relationship at points but there is more detail , as I say, in the written note . I'm going to turn now, sir, to a different topic , which is Home and Health Department knowledge and decision making in relation to hepatitis B and , in particular , issues relating to the screening of blood donations for the virus. Most of the available documents on this issue relate to the position in the 1970s. There was some evidence available of the HHD's understanding of hepatitis B in the 1960s. I'm going to highlight one of those documents now. Lawrence, could we please have SCGV0000279_165. Now, this is a letter that we can see , from the date in the top right-hand corner , that was sent on 27 September 1968. The letter heading at the top is the Scottish Home and Health Department . If we could just go through, please, Lawrence , to the second page for a moment , we can see the signature at the bottom of the page . It comes from the Chief Medical Officer in Scotland at that time, Dr Brotherston. If we go back, please, to the top of the letter, it's addressed to "Dear Doctor". If we go, please, Lawrence to the bottom of this 16 page , we can see who Dr Brotherston meant , "Medical Officers of Health, General Medical Practitioners " . Back up, please, again to the first paragraph. We can see the reason why this letter was being sent . Dr Brotherston says that : " From 1st October , 1968 effective jaundice and measles will be generally notif iable the Public Health (Infectious Diseases )( Scotland) Amendment Regulations 1968" . The third paragraph makes it a little bit clearer why this letter is being sent : "The principal object of making all forms of infective jaundice generally notifiable is to enable Medical Officers of Health to enquire into the epidemiological background." ANSWER: Infective jaundice was not serum -- necessarily serum hepatitis .
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QUESTION: What we see in the next two paragraphs I'm going to take you to, sir, is Dr Brotherston seems to use the term " infective jaundice " to cover both what we understand becomes hepatitis A and also serum hepatitis , hepatitis B. So in the fourth paragraph that begins "The majority ", it says: "The majority of cases of infective jaundice 21 September 2022 17 notified under the new Regulations are likely to be due to infective hepatitis, which is a common condition believed to be of increasing" -- ANSWER: That's what he deals with above. That's not serum hepatitis.
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QUESTION: It's not, sir, no. ANSWER: Then if we go to -- what is of interest to us is the last paragraph, is it?
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QUESTION: It's the next paragraph, ye s. It's not quite the last one because there are more below that. So he starts with what becomes hepatitis A . He then moves to serum hepatitis, which is what is of interest to us , and he says this -- I just wanted to highlight the first few sentences in this: "Serum hepatitis occurs less frequently than infective hepatitis. It's potentially a more serious condition with a longer incubation period of usually , 60-160 days. Transmission is almost invariably by a parenteral route and a history of a blood transfusion , or of an injection by any parenteral route, within the incubation period may suggest this diagnosis ." Then in the last sentence of this paragraph he refers to : " Outbreaks both of infective hepatitis and serum hepatitis have been reported from a number of units 18 undertak ing intermittent haemodialysis for the treatment of chronic renal failure." We'll come back to points at which that sort of issue comes up in the early 1970s. So that's a document -- relatively brief but at least makes some reference to the HHD's understanding of serum hepatitis in the late 1960s. We move forward to the early 1970s , and what we see in the available documents is the HHD becoming involved in debates amongst regional transfusion directors in Scotland over the introduction of screening of blood donations for Australia antigen , for serum hepatitis, what becomes known as hepatitis B screening. We can see evidence of the debate that takes place around this time . In June 1970 a meeting takes place on that date to discuss a policy which might be recommended on the use of Australia antigen screening of blood donations . The detail is in the written note. That meeting took place at around the same time as an outbreak of hepatitis in Edinburgh , which was in a renal unit, a haemodialysis unit . That meeting at which th is issue was discussed was attended by transfusion directors and the HHD , including Dr Macdonald. The note of the meeting which we have records that 19 prior to the Edinburgh outbreak, Scottish transfusion directors had felt that the time was not yet right for the screening of blood. Their position begins to change around this time, and there seems to be a view that screening should be introduced , at least for high risk patients , such as those undergoing dialysis , but they say it wouldn't yet be feasible to screen larger quantities of blood for other emergency use. We do see in the documents around this time, mid-1970, certain Regional Transfusion Directors in Scotland emphasising the risk posed by serum hepatitis and pressing the HHD to support a more general introduction of screening at an earlier date. We see that in particular in correspondence from the director of the Glasgow and West of Scotland RTC, Dr Wallace, and we're going to come back at various points to correspondence involving Dr Wallace. One of those, which is just summarised in the written note , which I won't go to now, but is of interest, is a 16 July 1970 letter written by Dr Wallace to Dr Macdonald at the HHD, which attached a paper on serum hepatitis and the Blood Transfusion S ervice . Now , it was directed in particular at issues relat ing to renal dialysis and it contains some material that is of wider relevance for our purposes. 20 A couple of points to highlight in particular from that document -- and we can take that down now, please, Lawrence -- that paper provided by Dr Wallace said that for the past 30 years, so this is 1970, for the past 30 years, homologous serum jaundice, serum hepatitis, has been recognised as a delayed complication of the transfusion of blood and blood products. Dr Wallace also recorded that the highest incidence of serum hepatitis ha d been observed in recipients of plasma prepared during World War II. He said that was not surprising because it was not uncommon to prepare a plasma pool from 500 donations of blood. So we see there Dr Wallace making a link between hepatitis risks and pool sizes and providing that information to the HH D. There was a further letter from Dr Wallace to the HHD in August of 1970 in which he begins to press more strongly for the screening of all donations for Australia antigen. One of the comments he makes is that even if this mass screening only reduces the inciden ce of serum hepatitis by 25%, it would still be a significant reduction in the inciden ce of what can be a serious illness : " In the present climate, I think the SNBT S must be seen to be doing everything possible to reduce this 21 September 2022 21 serious transfusion risk . " Now , by this time , which is around mid-197 0, the introduction of Australia antigen was also being considered by the DHSS. In September 1970, a new group was set up , the advisory group on testing for the presence of Australia hepatitis associated antigen and its antibody, chaired by Dr Maycock, becomes known as the Maycock Advisory Group . It was appointed jointly by the DHSS, the HHD , and the Welsh Office. Dr Wallace was one of its members. Now, the work of that group has been considered by the Inquiry on previous occasions . I'm not going to go in detail into its development and what it found, but its work relates to the HHD's understanding and response to hepatitis risks during this period. It seems that the HHD was aware in the early 1970s, so around 1970, 1971, that Scottish RTCs, Regional Transfusion Centres , were taking different approaches to screening , both in the extent of screening they were under taking and in the technique they were using for screening . If we move forward to May 1972, the Maycock Group publishes , issues a report, which recommends the introduction of routine testing of all blood donations 22 for Australia antigen and its antibody, recommend s a number of different testing methods . I'm going to keep moving forward to 1973, when the HHD becomes more closely involved in discussions about the appropriateness of different screening techniques for serum hepatitis. So rather than the principle of whether or not to screen or have mass screening , the appropriateness of different techniques. Now , this was an issue being considered by the Maycock Group -- ANSWER: By now, by 1973, there was general screening.
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QUESTION: Yes . ANSWER: So the question then is : what form of screening are you having?
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QUESTION: Exactly, sir , yes . When I refer to screening techniques , what I mean is the debates about exactly that, sir, the form of screening technique which is -- ANSWER: Yes .
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QUESTION: -- appropriate. Now this issue which is being considered by the Maycock Group, the form of screening which is appropriate, is also being raised in correspondence again between Dr Wallace and the HHD , which provides us some insight into what the HHD -- what information it 23 had and what its thinking was at the time. There's a series of documents , which I'm not going to go into the detail of now, which is summarised in the written note , which begin in February 1973. The y are about a trial that Dr Wallace began of a newer technique, radioimmunoassay, sometimes referred to as RIA , which was more sensitive and more expensive than the method then being used by his RTC, the electrophoretic method. We can see that Dr Wallace writes to the HHD effectively to say that in order to be able to undertake this trial, he would get some equipment loaned free of charge from Abbott Laboratories . He would need to purchase some reagents in order to undertake the trial . He asks for the HHD's agreement, the additional funding that would be necessary for that trial to take place. The HHD agrees. I mention that correspondence , which is from February 1973 , because it forms the background to some later developments and , in particular , to disagreements which emerge later on between the HHD and Dr Wallace about the appropriateness of different screening methods. Now we're moving closer to that by going forward to the mid-1970s , the period from 1975 . The HHD's 24 involvement in debates over screening techniques intensifies. That debate is taking place in the context of the Maycock Group preparing a further report. The documents show that the HH D received a draft version of the Maycock Group's updated report in around February 1975. It discussed that draft report internally , discussed it with the SNBTS over subsequent months , and provided comments to the Maycock Group . I want to highlight two internal HHD documents from around this time which touch briefly on the Department's understanding of its role in this issue, and also its views on screening . The first, please, Lawrence, is SCGV0000205_085. Now , if we can -- if you could zoom out slightly so we can see the whole document, we can see that this is an internal minute which is from Dr Scott . It's dated 1 May 1975. It's addressed to Mr Roberts and Dr McIntyre in the HHD . The subject is " Hepatitis B surface antigen testing " . Now if you could please zoom in on the top half of the page, thank you. Dr Scott says this, he refers to the NMD, the National Medical Director , which at the time was Major General Jeffrey, has asked if Dr Wallace and presumably the other R T Ds who wish to use R PH, reverse 21 September 2022 25 passive haemagglutination , one of the screening methods for screening hepatitis, can go ahead now in anticipation of Maycock to introduce the test in place a C IE O P which was the technique then generally in use, counterimmunoelectrophoresis . ANSWER: Osmophoresis.
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QUESTION: Osmophoresis, thank you, sir. If we move down to the paragraph that begins "I have no qualms" Dr Scott says: "I have no qualms about anticipating the Maycock report as I wonder if we could in any case stop a [ Regional Transfusion Director ] who 50 to do RPH now or indeed RIANSWER: It is to a great extent a clinical matter ; similarly, we cannot force Dr Cash and the others to adopt RPH in place of PH . " PH is passive haemagglutination . Dr Cash , in the Edinburgh Regional Transfusion Centre , was using a version of passive haemagglutination at the time . He then goes on to say : " There is a question of money but that would be up top the NMD. However this is a matter of such importance I should have thought that the money must be found." Now that's one perspective from Dr Scott at the time on what the Department's role was in decisions 26 around the introduction of different screening techniques in RTCs in Scotland. If we go next, please, to PRSE0000704. This is Dr McIntyre in the same series of minutes providing his perspective. So we can see it is dated 13 May 1975 . It's from Dr McIntyre to Dr Scott on the same issue. I'll just read out the first sentence. Dr McIntyre says: "There is no doubt that the Advisory Group will recommend reverse passive haemagglutination (RPH) for routine screening of blood for HBsAg. It is also likely that following representation from this Department the passive inhibition agglutination test will be accepted as being perfectly satisfactory for the detection of the antigen." What that sentence provides us some insight into is the Department's role in commenting on the draft Maycock report before it was circulated more widely. Dr McIntyre says : " From the draft text of the report it would appear that they are approximately equally sensitive. There would seem , therefore , to be no reason why a gradual change should not be made at an early date to one or other of the more sensitive methods." 27 Now on to the next paragraph , Dr McIntyre says that: "This subject will be sure to come up at the Scottish Transfusion Directors ' meeting on 11 June and if the NMD [ National Medical Director ] k new in advance that we were agreeable in principle to the introduction of a more sensitive test he could perhaps ask the Directors to come prepared to discuss at that meeting the test they were likely to adopt and the financial implications thereof. I agree that the question of money will be up to the NMD but I feel sure that he will eventually come to us for additional money for this purpose." So we can see there officials discussing the different screening tests they consider to be acceptable, also linking decisions around the introduction of those tests to the question of funding which ultimately comes from the Department. Now , the updated Maycock report which is discussed in these minutes is eventually finalised in September 1975. That report says that the C IEOP method is no longer recommended. It recommends replacing it with RPH or P H . It also discusses the RIA method , which it says has some extra sensitivity, but that advantage is outweighed by disadvantages , in particular that it is 28 more expensive and more difficult to perform. Now , those recommendations come to be discussed at a December 1975 meeting of SNBTS directors. Important to note when looking at the minutes of that meeting that Dr Wallace who is there emphasises that the recommendations in the Maycock updated report were drafted in early 1975. In other words, suggesting that there was a possibility that they were becoming out of date by the time we get to directors considering and accepting them. Now, by the time we get to March 1976 it seems that recommendations in the Maycock updated report had been implemented in Scottish RTCs and that the HHD was aware of that. T hen we get to the summer of 1976 and by this time differences have begun to emerge between Dr Wallace and the HHD about the appropriateness of the different techniques which had been covered by the Maycock report. Those differences related in particular to whether funding should be provided for RIA screening , which is a more sensitive method. I'm going to quickly go to a document in which Dr Wallace set out his position in this issue to the Department . It's PRSE0000964. That's a 22 June 1976 letter to Dr McIntyre at the 21 September 2022 29 Home and Health Department . We can see at the top of this document it comes from the Glasgow and the West of Scotland Blood Transfusion Service . On the left-hand side at the top , the regional director is Dr Wallace . And if we go just very briefly to the end of the document, we'll see that it's signed by the Regional Director , in other words Dr Wallace. If we could go back, please, Lawrence , to the first page. This letter is headed "Total Screening of Donations for HBsAg ". I'm not going to read them out, but in the first paragraph Dr Wallace describes some of the work undertaken by the Maycock Group. In the second paragraph he says to Dr McIntyre: "You attended meetings of the Central Advisory Group under the chairmanship of Dr Maycock on the testing of donations for HBsAg . The views of the members of the Advisory Group were similar to those reported by the special WHO group on the same subject. It was acknowledged that radioimmunoassay ( RIA ) was the most sensitive method available for the detection of HBsAg but in practical terms both expert groups recommended the reverse passive haemagglutination ( R P HA ) should be introduced as the method of total screening because RPHA could be introduced much more rapidly than 30 the more sophisticated RIA technique." So that's Dr Wallace describing the reasons as he understood them for the Maycock Group's recommendations. He then goes on at the bottom of this page to describe some of his own involvement. He says: "As a member of the Advisory Group I was aware of the views of the members and I decided to continue my original work within the limits of the finance available." So that's the work he's undertaking to test different screening methods and to compare their sensitivity. He says: "I discussed the possibility of a further evaluation of RIA with Abbott Laboratories which is the only firm currently producing reliable reagents for the performance of RIA testing for HBsAg . I had sufficient money available to produce reagents for RPHA testing and Abbott Laboratories agreed to provide me with all the facilities for RIA testing for a period of one year at the same cost as would have been incurred by producing reagents for the RPH
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QUESTION: This one ? Of course, sir, yes. It's SCGV0000079_013. S ir, we can see at the top of this document that it's a meeting of the Scottish Health Service Planning Council Blood Transfusion Advisory Group. In attendance at the meeting is Dr McIntyre from the HHD as well as number of trans fusion directors, and we can see Dr Wallace is one of the individuals present at that meeting. We can see the discussion which I was just referring to over the page . ANSWER: Lawrence, could you just go back to the top of the page .
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QUESTION: Of course. ANSWER: Thank you. 9 November -- sorry, 9 March 1977.
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QUESTION: 9 March 1977. ANSWER: Thank you.
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QUESTION: While we've got that date, sir, 9 March 1977, 21 September 2022 41 earlier on I described the Maycock Advisory Group draft report being circulated to the HHD in around February 1975. The report seems to be finalised September 1975, discussed by directors in Scotland towards the end of that year . Then there seems to be a period over about the following year until around this time , in March 1977, before the Department circulates it more widely in Scotland , with a covering circular, so it's that timing which seems to prompt some of the discussions we see in these minutes. If we go over the page, please, Lawrence . Thank you. It's the top half of this page, the entry paragraph that begins "Report of the Advisory Group on the Testing for HBsAg and its Antibody" . We can see in the second sentence Dr Wallace emphasising the point he'd made in the previous meeting , that the information in the report was based on 1974 data and was now substantially out of date. He says: "In view of the considerable advances which had been made in the meantime he and most members of the Maycock Group would no longer agree with the main recommendations of the Report." 42 Refers to a further report that's been prepared by the WHO , and then the entry which I had started to read out earlier: "Rapid progress was being made in the use of various blood products with a consequent increase in the risk of the spread of hepatitis." ANSWER: Yes , he introduces it by saying : " In view of the considerable advances which had been made in the meantime [ ie since the drafting of the report ] he and most members of the Maycock Group would no longer agree with the main recommendations of the Report."
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QUESTION: That's exactly right, sir, yes, that's Dr Wallace's contribution at this time, March 1977. ANSWER: Then he goes on to the bit you're now quoting. Let's have a look at that.
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QUESTION: Yes, that's right sir, yes. " Regional Directors were concerned at this increasing risk and would be considering the entire question in the near future. The situation whereby Reports of this kind had to be widely circulated for approval prior to publication invariably resulted in the document being somewhat dated, particularly in the developing situation." There's then a suggestion about how to deal with 43 this issue: "However , a suggestion that this situation could be overcome by the issue of updating information sheets was thought to have considerable merit . It would also avoid having to go over old ground again. " It was intimated that the report was initially a report to the Health Department for consideration of any financial implications, although tests recommended in the report had been in use for some considerable time , and there's a reference at the end there to apprehension amongst staff working in the centres . While we've still got this paragraph up, sir, the first sentence at the beginning : " The second report of the Advisory Group had now been circulated under cover of NHS Circular 1977(GEN)2 . " It was that recent development that I was describing earlier , which is wide circulation of this Maycock September 1975 report, not taking place until 1977, though regional directors were aware of its recommendations earlier . ANSWER: So the concern which he is expressing, and begins "Rapid progress" is the use of blood products, which would include presumably clotting factors, would lead to a consequent risk -- increase in the risk of the spread of hepatitis, and it's that risk 44 which they think is now more concerning and therefore there's a greater case for effective screening. That's what he's saying, is it?
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QUESTION: That's exactly right , sir, yes . And that would be consistent with a document that we looked at earlier from Dr Wallace to the Department and Dr Wallace linked some of his concerns about the sensitivity of the test to developments in the use of blood products to Mr Watt at the PFC, and the use of fractions . ANSWER: Yes . Thank you.
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QUESTION: We're finished with that now, thanks, Lawrence . Now , in the remainder of the 1970s and early 1980s we can see in the document s further consideration of screening methods, that includes developments of , for example, a lower cost RIA, and other methods, trials of differen t techniques were being undertaken at RTCs. I'm not going to go into the details of those developments now . The Maycock Advisory Group has reconvened under a different chair. The written note summarises the HHD's involvement in those developments. I'm going to move forward , finally on this topic, sir, to a last couple of documents in 1981, which is relevant to how the HH D understood its role in relation to screening and also what transfusion directors' responsibilities were. 21 September 2022 45 So in May 1981 a further report from the advisory group on hepatitis B testing , by this point under a different chair , had become available. That report was discussed at a meeting which was attended by the HHD . It considered the merits of different screening methods which had developed by this point beyond those that we've been looking at, RIA, ELISA tests, and RPHA tests. That updated report recommended minimum sensitivity levels for tests used by RTCs. We can also see from that report a conclusion that it was only possible to lay down approximate guidelines for the sensitivity testing. If we could go to PRSE0003920, we can see a meeting of SNBTS directors , 22 September 1981, chaired by Professor Cash, attended by Dr Bell and also Mr Finnie for the Department, in which there's discussion of this report. Can we go to page 5, please. Thank you. Down little bit further so we can see the whole of section 5 . Thank you . " Testing for hepatitis " . Professor Cash introduces the report that I was just seeking to summarise, and there's a discussion of that report's recommendations , and I just wanted to pick up Dr Bell's comments here. Dr Bell is recorded as having advised : 46 "... that the document was not intended to provide a legal safety net but to provide guidelines on the best procedures to be adopted , and that Directors' clinical judgment and adherence to the recommendations , within the finance available , was all that could be expected of them." So we see here Dr Bell emphasising that the use of particular screening tests that were available by this point was a matter of clinical judgment , also recognising that those choices had to be made within the finance that was available. The finance that was available ultimately being a matter for the Department. Sir, that was all I intended to say about hepatitis B screening and hepatitis B for today . I'm going to move on now to another topic. I note the time, 11.10 . I wonder if this would be a convenient moment for a break. Alternatively, I can start on our next topic, which is going to be HIV and AIDS. ANSWER: Yes , well, let's do that, then, and come back to HIV and AIDS at 11.40. (11.10 am) ( A short break ) (11.40 am)
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QUESTION: Sir, I'll be moving now to issues relating to 47 which HIV and AIDS , the Department's knowledge of matters relating to HIV and AIDS, and their responses . Now , the earliest reference to AIDS in documents involving the Home and Health Department , at least in the material available to the Inquiry , would appear to be a 21 January 1983 meeting of SNBTS and Haemophilia Centre Directors. It was chaired by Dr Bell and attended by Dr McIntyre and Mr McBryde. I'm not going to the minutes of that meeting , which have been considered before , but during the course of it Professor Cash draws the meeting's attention to recent articles in the United States and some other documents including an MM W R extract relating to AIDS . If we move forward to May 1983, by this stage the SHHD was receiving information relating to AIDS from other sources, in particular the DHSS. Now , the Inquiry has previously considered a 3 May 1983 DHSS minute on this subject which enclosed a line to take and a background note which had been prepared for the Prime Minister. Now , those documents were copied to John Davies, who was Assistant Secretary at the time at the Home and Health Department. The Inquiry has looked at those documents previously . They included a line to take that there was as yet no conclusive proof that AIDS had been 48 transmitted through American blood products. I'll come back to that line later. There was also a briefing note which described the risk to haemophilia patients treated with Factor VIII, said they were at increased risk of AIDS, and described the risk as follows: "As yet there is no conclusive proof that AIDS is transmitted by blood as well as by homosexual contact but the evidence is suggestive that this is likely to be the case." S ir, those are DHSS documents but they are copied to officials in the Home and Health Department. What we see in the documents is , in the days that follow those documents being provided, both administrative and medical officials work on a submission to the Junior Minister who had responsibility for Health in the Department at this time, and that was John MacKay , and I'm going to go to the submission in which these issues are brought to the Minister's attention. Lawrence , it's PRSE0004037. It's a one-page document . We can see at the bottom it's from JG Davies, John Davies , dated 6 May 1983. At the top it is addressed to PS, that's a private secretary , to Mr MacKay, and copied to some another -- 21 September 2022 49 to a number of individuals within the Department. In the introduction Mr Davies says that: "Mr MacKay may have seen comment recently in the media about AIDS. He might find it helpful to see some briefing material on the matter prepared earlier in the week by DHSS for the Prime Minister." Those are the documents which I've just described. Mr Davies said: "We agree with the general line in the briefing. There are, however, a few Scottish points to be made ... " The first is about imported Factor VIII. "Scotland is virtually self-sufficient in Factor VIII. Occasional purchases of imported concentrate are made for clinical reasons : only a very few patients are involved." On Scottish cases Mr Davies said that: " No confirmed case of AIDS has yet been reported in Scotland. Any suspected for diagnosed case will be reported to the Communicable Disease s Unit at Ruchill ..." ANSWER: As a matter of interest , the wording there is " No confirmed case of AIDS". That leaves open that there may have been a suspected case.
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QUESTION: That wording, you're absolutely right, sir, 50 does leave that open. I'm not aware from the documents that I've seen, and I believe are available to the Inquiry at the moment, that there were any suspected cases of AIDS in Scotland at the time of this note -- of this minute. It's an issue we might want to investigate further, but I'm at least not aware of any suspected cases that ha d been brought to Mr Davies's attention or the attention of Home and Health Department officials which might lend particular significance to the use of the word "confirmed" in the submission but , as I say , it's something we can look in further to confirm the position . ANSWER: Thank you .
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QUESTION: On "Donation Policy ", Mr Davies wrote: "The Blood Transfusion Directors in Scotland are very aware of the problem and have it under constant consideration." They are currently considering ..." Then he s ets out four measures, first : "( a ) Briefing all frontline blood bank staff to handle questions from donors . "(b) Preparing a neutral factual leaflet about AIDS and making this available at donor sessions - perhaps drawing attention to it as a follow-up to recent press and television publicity ; "(c) In formal contact with representatives of the 51 relevant gay associations . "(d) Avoiding collection in high risk locations such as prisons or where there is known to be a high proportion of homosexuals or drug abusers in the population." Now , that final sentence there brings with it the suggestion that collection in certain high risk locations such as prisons was still taking place in Scotland at this time . There's a later section in the written note which deals briefly with prisons and what the Home and Health Department understood to be the position at this time , in May 1983. ANSWER: Just as a matter of interest, is there any -- or what are your submissions as to the force of the word "neutral" under (iii) (b ), " Preparing a neutral factual leaflet " ? It's a word which is often used where there are two rival views. What do you submit the force of that is? Or is it simply saying what we're trying to be and give the objective facts without sensationalism?
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QUESTION: I think's more likely to tend towards that second characterisation, sir . It's perhaps a slightly unusual word to use in this context. I think it is likely to reflect officials ' understanding that already at this time , in May 1983 , there was what they considered to be a great deal of sensationalism in the 52 press in particular around any issues relating to AIDS, that they were keen to avoid adding to that sensationalism . It might also relate to a desire to avoid causing any offence amongst blood donors, a neutral leaflet which tries to present facts about AIDS which doesn't go beyond presenting matters as neutrally as they could be at the time, so as to avoid causing offence . Those are two suggestions that come to mind immediately, sir, but it's a word that might be worth keeping in mind as we look through the remainder of the documents and when we consider documents in the written note relating to the p reparation of the AIDS leaflet. What we'll see in my summary of those documents, sir, and also in the written note, is perhaps less direct involvement by Scottish officials and certainly by Scottish ministers in the wording of leaflets relating to AIDS than might have been seen in England and Wales when officials and ministers were more directly involved in the wording. So we see, sir, from this document a number of matters which will repeat and will form a part of the pattern of officials' response to the risk of AIDS . One of them in particular is an emphasis on Scotland being , as they describe it , virtually self-sufficient in 21 September 2022 53 Factor VIII. We know that Mr MacKay , the Minister, saw this document because we have a response from his Private Secretary , which I won't go to , essentially just expresses the Minister's gratitude for this submission . Now , around this time , and certainly by June 1983 , Dr Brian McClelland of the South East Scotland Regional Transfusion Centre had begun work on an AIDS donor leaflet . The steps taken by Dr McClelland in relation to that leaflet have been explored in evidence previously heard by the Inquiry, notably Dr McClelland's own oral and written evidence. The Home and Health Department's involvement in that issue is set out in the written note. I'm not going to go into the detail of it here for reasons of time. The evidence suggests that Dr McClelland's RTC in Edinburgh began issuing an AIDS donor leaflet in June 1983, suggests that the Home and Health Department had very little involvement in the preparation of its contents . When Dr McClelland described orally to this Inquiry how he went about liaising with the Home and Health Department, he described essentially asking for forgiveness rather than permission after taking steps to 54 issue the leaflet. The documents also show that around this time, so this is mid-1983, Home and Health Department officials were monitoring the development of a donor leaflet being prepared by the DSS and transfusion directors in England and Wales. The documents show officials in Scotland liaising with their counterparts in the DHSS, and emphasising the need for the Home and Health Department to be consulted on the development of that UK leaflet. If we move forward to 1 July 1983, when a DHSS submission on the publication of an AIDS leaflet was submitted to ministers in England and Wales, as we've seen with some of the other documents relating to AIDS, it was copied to an official at the Home and Health Department, that was Mr Wastle . After that submission is copied to officials in the Home and Health Department, they begin to discuss it internally and to prepare a submission to go to their minister, Mr MacKay . I'm going to turn to that document now , which is dated 11 July 1983 , so about ten days after the DHSS submission. It's SCGV0000147_157. Again, from Mr Davies , once more to the Private 55 Secretary , to Mr MacKay , and I'm going to highlight the second paragraph , and what Mr Davies says there: "Regional Transfusion Directors in England have now prepared the attached draft leaflet for printing and publication by DHSS (it is substantially based on an earlier draft by Dr McClelland at the Edinburgh and South East Scotland Blood Transfusion Service ) . The main aim of the leaflet is to discourage practising homosexuals from donating their blood and , in view of the sensitivity of the issue, DHSS have consulted their Ministers over its terms. Our understanding is that some reservations have been expressed and that DHSS officials are toning down the text somewhat, largely to make clear that, even in the US, only a small number of cases have been reported. DHSS Ministers have also asked for a formal statement to be available for use at the time of publication to diminish any risk of over reaction ... " Mr Davies refers to a possible opportunity for that statement. Then in the final paragraph of this page, he said: "We consider that the leaflet should be issued on a UK basis, and are arranging for the text to be adjusted accordingly. The main change that is required is to alter references to the 'National' (ie English and 56 Welsh) Blood Transfusion Service. No separate Scottish announcement would be called for, but an important point for any press inquiries is that Scotland is virtually self sufficient in Factor VIII." Sir, we can see here officials recommending to the Minister that a UK approach to this leaflet would be appropriate, suggesting that some changes might need to be made to its wording but really focusing on what might be considered to be more minor amendments to reflect that applies to Blood Transfusion Services in the whole of the UK and not simply England and Wales . And what we also see in the last sentence of this document is an emphasis again on self-sufficiency in Scotland . I'm going to go very briefly to the Minister ' s response -- ANSWER: The underlying reason for that presumably is an appreciation in mid-July 1983 that the public, or for that matter others, might think that if the blood is sourced from domestic national sources, it is safer than blood products imported from the United States.
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QUESTION: That's exactly right, sir, yes. ANSWER: And making a virtue of that .
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QUESTION: Absolutely making a virtue of that, sir, yes . ANSWER: Yes . Thank you. 21 September 2022 57
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QUESTION: It might be said to be tied not only to the public perception of the risk of domestically produced blood products but also what officials appear to understand the relative risks to be. I'll come to a document a little later on which lays out -- or which provides an insight into at least what some officials understood to be the advantages that were gained from blood products being produced domestically rather than relying on importing particularly American sources. ANSWER: Yes.
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QUESTION: So the Minister's response which comes through his Private Secretary the following day . It's just a short document . SCGV0000147_153. At the bottom we can see it's from Geoff Pearson , Private Secretary to Mr MacKay, directed to Mr Davies. It starts by simply noting that the Minister has seen the minute : " [ The Minister ] enquired whether the surplus capacity at the Protein Fractionation Centre at Liberton could be used to increase UK production of Factor VIII - he believe s the current English production is some only 60% of demand." So that's the Minister taking on board the point that is implicit in Mr Davies 's document, which is that domestically produced products are understood to be of 58 lower risk than imported ones , and wondering whether Scotland could help to pick up additional production and send some of it to England and Wales. Now , the response to that enquiry doesn't come until some months later in October and I'll come to it . The answer was essentially no , but it is perhaps notable , sir , that the points that are picked up by the Minister and the concern with -- or the emphasis placed on Scotland's self-sufficiency and the relative risks , as they we re understood at the time , between Scottish and imported blood products . Now , what the documents shown in the summer of 1983 is HHD officials continuing to be updated about the DHSS's approach to this donor selection leaflet, this AIDS leaflet which was still being prepared. It was eventually agreed to be distributed in Scotland as well as England and Wales from September 1983. A separate Scottish press release was prepared at the time that that leaflet was introduced, and I'm going to turn it to very briefly. It's PRSE0002778. So we can see the date of this document, 1 September 1983. The first paragraph introduces the leaflet that's been published . It says it's by the Health Department in the UK for distribution in Scotland by the SNBTS. 59 In the second paragraph, AIDS is briefly described, and then I was going to highlight the third , where this press release said this: " No cases of the disease have been confirmed in Scotland and the Scottish Home and Health Department emphasised today that there is no conclusive proof that the disease can be transmitted through blood or in blood products. There is however no screening test the BTS can use to detect people with AIDS and donors are asked not to give blood if they think they may have the disease or be at risk from it." In the next paragraph: "Scotland is self-sufficient in whole blood and virtually so in blood products. Nearly all the factor VIII issued for the treatment of haemophilia is produced from blood plasma donated to the SNBTS by blood donors in Scotland . " ANSWER: And that links back, does it, to the second paragraph , the second sentence, where it described as AIDS as a " comparatively new disease to Britain " ?
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QUESTION: That's exactly right , sir, yes. So we can see that link being made, we can see the emphasis on self-sufficiency again . We can also see the use of the " no conclusive proof" line without a qualification 60 attached to it on whether or not a disease was likely to be transmitted by blood and blood products. It was in October 1983, the next month , that Mr Davies provided a response to Mr MacKay's query about whether the PFC could produce additional Factor VIII for England and Wales . The response is summarised in the written note. I won't go to it now. The short answer was no, or rather , at least , no, not for the time being. We move into late 1983 and the first half of 1984, and the Department's officials , based on the documents , appear primarily to have been monitoring developments related to AIDS and blood products, including proposals for further steps that might be taken in response. Now , that included consideration of updates to the donor lea flet, changes to distribution arrangements. There's some reference to the possibility of small pool blood products being prepared, some reference to surrogate screening for AIDS, monitoring of AIDS cases, monitoring of the DHSS approach. HHD officials ' involvement around this time often seemed to take place by attendance at different meetings, in particular attendance at meetings of SNBTS directors, also attendance as an observer at meetings of transfusion directors in England and Wales , and we've summarised what we can get from the documents in the 21 September 2022 61 written note. I'm going to move forward fairly quickly, sir, to August 1984, when the Home and Health Department became aware that a haemophilia patient living in Scotland had contracted AIDS and the Minister was informed . Lawrence, could we please go to SCGV0000147_073. S ir, the date of this document is 29 August 1984, again from Mr Davi e s, and again to the Private Secretary , to Mr MacKay. Mr Davi e s wrote this: "We have recently heard that a Scottish resident haemophiliac ... has [contracted] AIDS. We have hitherto reported that Scotland is virtually self-sufficient in Factor VIII, the blood product used in treating haemophiliacs; and therefore that there was no risk to Scottish haemophiliacs. This case may appear to provide contrary evidence, and may possibly be so reported by the Press. " We are informed that the patient concerned has only recently moved to Scotland . He has hitherto been treated in Newcastle where imported Factor VIII has probably been used. The disease takes some time to manifest itself , and the Scottish product is not implicated" . Now , a number of points which arise from this document, sir. One of those that's perhaps most notable 62 is the way in which the risk arising from PFC factor products was described and appears to have been understood by Mr Davis : " We have hitherto reported that Scotland is virtually self-sufficient in Factor VIII ..." And that : "... therefore there was no risk to Scottish haemophiliacs . " Rather than perhaps a reduced risk compared to other blood products. Perhaps also of interest in the final sentence of this document is what seem s to be a reference to the incubation period in AIDS : " The disease takes some time to manifest itself ..." which will of course be relevant to an understanding of the risk posed by factor products. That's August 1984, and I'm going to turn now -- and I've moved fairly swiftly through this period, of course there are a lot of fairly important developments that take place that are set out in the notes . I'm going to move forward to the Department's response to the discovery that group of patients treated PFC Factor VIII had develop ed antibodies to HTLV-III , a group of patients sometimes referred to as the Edinburgh cohort . 63 Now , the Inquiry has already heard evidence on the timing of this discovery from witnesses, Professor Ludlam and Dr McClelland. I'm not going to repeat it, but what that evidence would appear to suggest is that Scottish haemophilia clinicians and the SNBTS started to become aware of this development around or by late October 1984. Now , the precise date on which the Department's officials first became aware of the results of the Edinburgh patients is not entirely clear from the documents. The earliest one we have involving the Home and Health Department is dated 20 November 1984 , and it's a minute from officials to the Minister , and I'm going to go to that now. It's SCGV0000147_058. We can see the date at the bottom, 20 November 1984. It is from Hugh Morison, who was Under - Secretary at the Home and Health Department at the time , which is a grade higher than Assistant Secretary, effectively Mr Davi e s's superior. Addressed to the Private Secretary to Mr MacKay , and we can also see it is copied to the Private Secretary to the Secretary of State, so involving the Secretary of State in this development. Now , in the first two paragraphs Mr Morison gives 64 an update on leaflets in particular in AIDS developments in relation to the AIDS donor leaflets. I'm going to draw your attention, sir, to the second half of this document , and in particular the paragraph that begins " A development", and Mr Morison wrote this: "A development of particular concern in Scotland is that 16 Scottish haemophiliacs have been identified as having antibodies to the virus HTLV III , which is implicated with AIDS. The presence of the antibodies indicates that the patients have been exposed to the virus but does not mean that they will necessarily develop AIDS. A batch of Factor VIII (the blood clotting agent given to haemophiliacs) produced at the Protein Fractionation Centre at Liberton appears to be implicate d . As Factor VIII is produced from plasma recovered from blood donations it must be assumed as probable that the batch was contaminated by a Scottish donor. The batch has been withdrawn and the SNBTS are taking vigorous steps to identify the source of infection. This, however, will not be an easy task since blood from many donors is used to produce a single batch of Factor VIII. In the meantime, work is urgently proceeding to introduce heat - treatment for Factor VIII in order to kill the virus , and to develop a screening test for HTLV III antibodies. No such test is, however, 21 September 2022 65 likely to be readily available in the immediate future." Then the final paragraph: "It would not be appropriate at this stage to issue any statement on the discovery of the antibodies in the Scottish haemophiliacs. Suitable defensive briefing has however been given to the S I O." SIO is a reference to the Scottish Information Office. If we go over the page, we can see the first page of the briefing that's referred to in Mr Morison's note. As you can see , it's in the form of a Q&ANSWER: I'm not going to go through all of this document now. I'm going to highlight, please, the second half of this page which is of particular relevance to this Inquiry. It says: " Antibodies in Scottish Haemophiliacs "Antibodies to HTLV III, the virus which it is believed caused AIDS , have been discovered in 16 Scottish haemophiliacs. A batch of Factor VIII produced at the Protein Fractionation Centre at Liberton is implicated ." And then underlined : " No statement is to be released on this at present. If however there are specific enquiries from the media on this matter, the following material should be used." 66 There's then a series of further questions and answers, and we just go to the last page, and the final entry which is prefaced with " Only if press ed", so it appears to be directed at those who may need to answer press enquiries or enquiries from others and are being pressed about this issue : "What should Scottish haemophiliacs do? "[ Answer ]. They should make enquiries of the consultant treating their case." If we could go back, please, Lawrence , to the first page of this document, and the top manuscript ad dition. Now , this manuscript ad dition would appear to come from the Minister, Mr MacKay. It says this: "Thanks: While I fully appreciate that a state ment would give rise to great concern among haemophiliacs -- and indeed among recipients of blood generally -- I do not want us to be accused of a 'cover-up'. If we are approached we must be perfectly open." Then the question : "When is heat - treatment likely to be ready?"
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QUESTION: That is absolutely right, sir. That is a curious feature of this memo. We'll come a little later to look at what information was provided when to ministers in Scotland and , in particular , Mr MacKay about HTLV-III screening 68 and when it might be introduced and , in doing so, I'll seek to answer your question from this morning. But you're right, sir, there's no reference to that information that you've just described from the DHSS . ANSWER: Well, what that at the moment suggests to me -- and this is open of course to submission and may be entirely wrong -- is that those who had come by some knowledge or developments in England haven't necessarily been in regular and constant touch with those in Scotland who were dealing with the same issues .
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QUESTION: That's right, sir. I'll make sure I get the timing right when we get to HTLV-III screening. From memory, by January 1985, we see information sharing between the DHSS and the SHHD. It could be that at this time, November 1984, we weren't quite there yet in terms of information sharing. ANSWER: Well, there may well have been sharing of information but it may not have been comprehensive .