Eljamel inquiry 'no further forward' over fire safety issue

Attempts to resolve a fire safety issue delaying in-person evidence sessions into disgraced surgeon Sam Eljamel are "no further forward" a public inquiry has heard.

Eljamel, who was head of neurosurgery at Dundee's Ninewells Hospital until his suspension in December 2013, harmed dozens of patients and left some with life-changing injuries.

The recently-identified need for a fire safety shaft wall between two spaces used by the inquiry in Edinburgh's Waverley Gate has limited the amount of people who can access the space while the inquiry is sitting.

The "setting the scene" evidence sessions were due take place over three weeks in April and May at the venue but will now be held at a later date.

A proposal by inquiry chairman Lord Weir to hold the evidence sessions virtually was abandoned following objections from patients' groups.

A procedural hearing on Thursday was told that, at present, only a limited number of inquiry staff, witnesses and lawyers were allowed into the suite when hearings were ongoing.

Senior counsel to the inquiry, Jamie Dawson KC, told the hearing: "This safety issue was and is a matter for the Scottish government to clarify as it was the Scottish government and its property team who were dealing with the matter.

"The result of the failure to issue such a public pronouncement before now, I fear, has been a vacuum in which members of the public, including traumatised patients, have been left uninformed, anxious and suspicious."

Dawson told the hearing that the lack of a public explanation "is not a matter of the inquiry's making" nor was it within the inquiry's control to offer such an explanation.

He said: "The inquiry has, in large part, remained as confused, uninformed and dissatisfied with this situation as the public, in particular patients, clearly have as well."

Dawson added that "we appear in real terms to be no further forward."

A lawyer for the Scottish government, who are tenants of the building, told the hearing that Waverley Gate's new landlord had advised they will appoint external contractors this week to develop the design and specifications needed for approval of the works.

Alastair Duncan KC, speaking on behalf of the Scottish government in their capacity as "sponsor" of the inquiry, told Lord Weir that the situation was "deeply regrettable."

He added: "The overall tenor of what my learned friend (Dawson) has said about the concerns and criticisms and deficiencies in the reporting to you and the inquiry, that description would be accepted and would not be taken issue with."

Duncan said said he had been given a report on "how things stand" at a meeting with the building's landlord on Wednesday.

Duncan said: "I am not able to say at this point that an assurance can be given that the hearing would be able to proceed in September in Waverley Gate."

He said that a "productive discussion" had been held with the landlord to resolve the "fire safety/warrant issue."

He added that a shaft wall along the corridor wall which bounds both inquiry spaces and the landlord-managed corridor used as a fire escape route was required to meet the fire safety requirements.

Duncan said: "As the recent new owner of the building, they do not have a standing team of advisers and contractors in place yet but are proceeding to put a team in place at once.

"The cost of the works will need to be agreed and a full project timetable to be confirmed.

"The landlord's representatives recognised the sensitivity and time pressure of this work and have confirmed that they are anxious to secure the solution promptly."

Following his suspension, Eljamel resigned in 2014 and is now believed to be operating in Libya.

The inquiry's first section of evidence, focusing on Eljamel's career trajectory and general background, was due to begin in April, two months later than initially planned.

The second section, which will include evidence from patients, was originally scheduled for September.

The Scottish government said it "fully recognises the pain and distress experienced by people impacted by Mr Eljamel's practice."

A spokesperson said: "That is why we established the statutory public inquiry into the actions of Mr Eljamel and NHS Tayside to ensure patients obtain answers to their questions and that lessons are learned.

"The building has now been purchased by a new landlord and, as leaseholder, the Scottish government is in discussions with the new landlord to seek a solution and will provide any necessary support required by Lord Weir to ensure hearings are accessible."