Postive Nation: Features Issue 138

United Kingdom?

The British are known all over the world for their own unique and instantly recognisable national identities, places, traits and of course, legends.

he British are known all over the world for their own unique and instantly recognisable national identities, places, traits and of course, legends.

The English have bowler hats, stiff upper lips and a nice cups of tea to make everything better. In Bonnie Scotland the tale of the Loch Ness Monster, the Tartan Army and a wee whiskey dram are known across the globe. In Wales, generations have sung in the valleys, whilst from the rich earth they have given us the leek, daffodils and from the depths the proud coal miners fuelling a nation. Across the water in Northern Ireland the home of “Danny Boy”, the seasonal marching and the birthplace of the most famous ship ever to be built: “Titanic” gave Belfast’s shipyard their place in history. These small British Isles have shaped the world we live in today, over the centuries ruling a vast empire with Kings, Queens, great battles and heroes from every corner of the our land.

The 15th of June marks 793 years since the signing of the Magna Carta, which literally means “Great paper”. It required the King to renounce certain rights, respect certain legal procedures and accept that his will could be bound by the law. It explicitly protected certain rights of the King’s subjects, whether free or fettered — most notably the writ of Habeas Corpus, allowing appeal against unlawful imprisonment. This single act gave the basis to our law and the way this country has been governed ever since. It is from this historical document that we at Tainted Blood quote on our timeline: “To no one will we sell, to no one deny or delay, right or justice.”

So, just how united are we really? When it comes to human rights then it appears we are totally divided:
In Scotland on the 5th of February this year, Lord MacKay of Drumadoon gave his landmark judgement on two cases involving patients dying as a result of contaminated NHS blood or blood products. In his view both the Lord Advocate and the Scottish Ministers have acted in a manner incompatible with the Convention rights of the deceased. Article 2 of the European Convention of Human Rights provides that “everyone’s right to life shall be protected by law”. This ruling was then the subject of questions raised in Westminster whereby the government’s response suggests a complete unwillingness to stand up to its responsibilities stating this was a matter for the Scottish Government to decide.

The English have bowler hats, stiff upper lips and a nice cups of tea to make everything better.”

Ministers in Cardiff, Edinburgh and London all called for answers as to why this has been allowed to go on for over quarter of a century.
Then on the 23rd of April an announcement was made by Health secretary Nicola Sturgeon giving details of a Scottish public inquiry into the infection of NHS patients with hepatitis C and HIV through blood products. It will also look into the deaths of the two infected patients whose human rights were breached stating “previous Holyrood governments resisted calls from campaigners for a public inquiry into the issue”. The inquiry will be chaired by the former judge and sheriff, Lady Cosgrove and is expected to start hearing evidence towards the end of the year.

Calls for a similar inquiry have been made across Wales as ministers look forward to the long awaited report from Lord Archer of Sandwell. 210 Westminster MP’s have signed Early Day Motion (EDM) 560:
That this House applauds the work of the ongoing independent public inquiry headed by the Rt. hon. Lord Archer of Sandwell QC into how over 4,800 haemophiliacs were infected with hepatitis C through contaminated NHS blood products, with 1,200 also infected with HIV; notes the inquiry has taken evidence from patients, bereaved dependents, former health ministers and other eminent witnesses; calls on the relevant Government departments and affiliated bodies to offer their full co-operation through providing all relevant material and witnesses requested by the inquiry; and further calls on the Government to respond positively to the inquiry.

On the 12th of June Lord Archer and his panel heald their final hearings which once again highlighted how those infected and affected by this disaster have been subjected to breaches of basic human rights and even breaking the law.

Giving evidence was Mr Frank Maguire, solicitor and senior partner in Thompsons, Scotland specialises in personal injury, health and safety, human rights and judicial reviews. Mr. Maguire explained to the panel how the facts and circumstances of the conduct being looked at is in Westminster and the Department of Health. He told them “So if anyone thinks the Scottish inquiry will stop at the border it does not”. This also means the judgment made by Lord Mackay is quoting the law as it is and that it covers the whole of the UK and not just Scotland. In his view this means the Department of Health and Ministers at Westminster are acting unlawfully. Further evidence was given to Lord Archer showing how the Department of Health knew thousands of haemophiliacs had hepatitis C during litigation for HIV in the early 90’s. Before we found out our status the litigation was bought to an abrupt end with a small ex-gratia payment and the signing of a waiver enforced with a huge amount of pressure, conditions and some very ambiguous wording of future hepatitis infections.

So now I will ask you again: “Just how united are we?” PN