Indemnity for the inquiry into the issues raised by the Paterson case

Department of Health and Social Care written statement – made at on 2 July 2019.

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Photo of Jackie Doyle-Price Jackie Doyle-Price The Parliamentary Under-Secretary for Health and Social Care

It is normal practice, when a government department proposes to undertake a contingent liability in excess of £300,000 for which there is not statutory authority, for the Minister concerned to present a departmental Minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until fourteen parliamentary sitting days after the issue of the statement, except in cases of special urgency.

I have today laid a departmental Minute proposing to provide an indemnity that is necessary in respect of a Department of Health and Social Care established non-statutory, independent inquiry into the issues raised by the malpractice of the former breast surgeon, Ian Paterson, in the independent sector and the NHS. The actions of Ian Paterson have affected a significant number of patients. The disclosures about the seriousness and extent of his malpractice are deeply and profoundly shocking. The Inquiry reflects the Government’s commitments to ensuring lessons are learnt in the interest of patient protection and safety, both in the independent sector and the NHS.

In 2017, the Minister of State for Health announced the establishment of the Inquiry (HCWS323, on 7 December 2017) to be chaired by The Right Reverend Graham James, Bishop of Norwich. This indemnity will cover the entire duration of the Inquiry’s work, from December 2017 until when the Inquiry submits its report, now expected at the end of 2019. The indemnity will cover the Chair and all independent advisers appointed to the Inquiry against any liability for any act done or omission made honestly and in good faith in the execution of his or her duty as such, or in the purported execution of his or her duty as such. The indemnity only applies to acts done or omissions made during the course of the Inquiry. If the liability is called, provision for any payment will be sought through the normal Supply procedure.

The Treasury has approved the proposal in principle. If, during the period of fourteen parliamentary sitting days beginning on the date on which this Minute was laid before Parliament, a member signifies an objection by giving notice of a Parliamentary Question or by otherwise raising the matter in Parliament, final approval to proceed with incurring the liability will be withheld pending an examination of the objection.

I attach a copy of the departmental Minute.

Departmental Minute (Word Document, 13.17 KB)
This statement has also been made in the House of Lords: HLWS1644