Ministers 'did not know' about problems at scandal-hit hospital before opening

The paper, written by the inquiry's lawyers, says any political pressure to open the Queen Elizabeth University Hospital (QEUH) in Glasgow on time in 2015 was made "in ignorance of both issues".

The clarification was issued after questions were raised by Scottish Labour leader Anas Sarwar over the role of politicians in the decision-making process.

The public inquiry was ordered in 2019 after a number of deaths and high levels of infection at the QEUH campus prompted concerns about patient safety.

In particular, attention focused on the Royal Hospital for Children where immune-compromised young people were being treated for blood disorders and cancer.

Among the patients who died was 10-year-old Milly Main, who acquired an infection while in remission for leukaemia, and 84 children were infected.

The inquiry, which is looking at the design, build, commissioning and maintenance of the hospital and their impact on patient safety, has heard from 186 witnesses and will produce its findings later.

The newly released document also addresses questions over the hospital's current infection risk, including where water and ventilation systems do not meet national guidance and are subject to sufficient risk assessment.

It says a recent report did not demonstrate enough progress on the part of NHS Greater Glasgow and Clyde (NHSGGC) in accepting its past failures, properly reporting infection and regaining public trust.

The document released by Fred Mackintosh KC and Craig Connal KC says: "It was not until 2018/2019 that the Scottish government first understood that NHSGCC had decided to build this flagship hospital not in compliance with Scottish government guidance.

"The Scottish government did not know about the problems with the water system until 2018, but then neither did the senior management and board of NHSGCC due to failures to provide sufficient resources and lack of oversight by those responsible for the water system."

In January, Scottish Labour leader Anas Sarwar produced a set of government meeting notes from 2019 and 2020, in which officials and health board colleagues looked back on the hospital's opening.

It stated that "political pressure" was being felt by the health board, and that "no consideration was given to delaying the opening of the hospital despite the issues being faced with completion and operation".

Sarwar said this was "damning" evidence, showing "in black and white" that there had been political pressure.

First Minister John Swinney called for people to wait for the full findings of the inquiry to be published by Lord Brodie.

The latest inquiry document says any pressure from the Scottish government to open the hospital on time and on budget was not unusual but that ministers were not aware of the full facts.

It adds: "The Scottish government systems to manage the procurement of this hospital it paid for were inadequate for the task of ensuring that it was built to technical standards the public and Scottish government as funder should have expected."

Timeline of the hospitals controversy

The document goes on to say patients and the public "will rightly want to know" that the ventilator systems of the QEUH comply with the relevant Scottish government guidance.

"Where they do not, there must be validation that systems meet their design specification and that any derogation has been subject to risk assessment.

"This has yet to happen."

It adds: "Even once these first two requirements are met, it is necessary to be confident that the Infection Prevention and Control team in NHSGCC is alive to risks to patient safety from the hospital environment.

"Such confidence can only be earned by an IPC management team that is open about its failures in the past, demonstrates a willingness to learn, and change."

Scottish Labour's deputy leader Jackie Baillie said the clarification document highlighted "SNP ministers' failure to protect patients and safeguard public money".

She added: "While this note is welcome, it is no substitute for the examination under oath that should have been carried out as part of this inquiry.

"After all the spin, this makes clear there was a serious failure of government oversight at the heart of this scandal and the SNP must now stop lying about their role in it."

The health board said the proposal was "necessary" after ongoing defects disrupted the running of the adult bone marrow transplant unit.

Health Secretary Neil Gray said the Scottish government would work with the health board on the plans.