Parliamentary activity

Answering body: Department of 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.

Answering body: Department of Health and Social Care

On 7 December 2017, Philip Dunne MP, Minister of State for Health, announced an independent, non-statutory Inquiry, under the Chairmanship of The Right Reverend Graham James, Lord Bishop of Norwich into the circumstances and practices surrounding the former breast surgeon Ian Paterson, who was convicted in April 2017 of wounding with intent and unlawful wounding.

Since then the Bishop has worked with affected families to ensure their views are taken into account in shaping the terms of reference.

Today, I can announce the terms of reference for the Inquiry, which will report in summer 2019.

The remit of the independent, non-statutory Paterson inquiry will be to:

Examine and seek to learn from what happened to former patients of Ian Paterson, both in the independent sector and in the NHS informed by their experiences and concerns; and

Review the circumstances and practices surrounding Ian Paterson as a case study, and consider other past and current practices, so as to draw conclusions in relation to the safety and quality of care provided nationally to all patients.

The Inquiry will consider issues raised in previous relevant reports about Ian Paterson, but does not intend to revisit the evidence that led to his conviction.

A central objective of the Inquiry is to afford former patients of Ian Paterson and their families an opportunity to tell of their experiences and to be heard.

The Inquiry will aim to report its conclusions and recommendations by summer 2019. The Inquiry will publish its report and the Secretary of State for Health and Social Care will make arrangements for its presentation to Parliament.

This announcement marks the beginning of the important work of the Inquiry in listening to the experiences of former patients and gathering other evidence to ensure that the independent healthcare sector and the NHS are able to learn the lessons from Ian Paterson’s appalling malpractice that has taken or damaged the lives of so many people who invested their trust in him.

I attach a copy of the Terms of Reference.