17 January 2023: Closing Statements, Steven Snowden KC - C

Mr Cummings progressed through his presentation related to Treloar College. Having reviewed matters with respect to the Headmaster, the focus shifted to the medical staff. A letter to a parent at the time noted the unmissable opportunity of having the unique group of haemophiliac boys so readily available for research. The lead clinician wrote a book on the back of his discoveries while at Treloar College. The treatment protocols for administering the experimental concentrate products to the pupils were prepared by one of the pharmaceutical companies who would go on to profit from the infection of the boys with AIDS.

 

A table was displayed listing the products used during 1983 at Treloar College. The safest product, cryoprecipitate, was never used once. There was some use of NHS product, but most striking was the extensive use of many different commercial products. These children were an irresistible gift-horse for any research-minded haematologist with no scruples. They finished school with a leaving certificate, and a death certificate.

 

There was a handover back to Mr Snowden. He spent the remaining time on Government, civil servants and clinician civil servants. Drilling down on the period when knowledge of AIDS was growing quickly, there is no doubt that concerns were being discussed behind closed doors, but the treating clinicians resisted altering the protocols. This was the period when the trope “there is no conclusive evidence that AIDS is transmitted by blood” was increasingly being trotted out to justify inaction. This was despite the availability of key documents such as the Council of Europe statement and recommendations, as well as the Galbraith letter. Internal Government communications go against what was recommended. The period of the early 1980s is expected to feature heavily in the Chair’s report.

 

The relationship between Ministers and officials was summarised as ignorance, arrogance, and dependence. The Ministers were understandably ignorant of the technical medical detail, and so relied on their experts. Ignorance was also a feature of the inadequate sharing of information around the parts of Government which should have been involved. The arrogance was manifest in the lack of self-awareness and reflection, but also the specific attitude as seen by the oral evidence of Ken Clarke and John Major. The dependence aspect was the easiest to predict. There were so many briefs to cover, the detail was too high level, so the experts had control which was not checked. Ken Clarke came in for particular attention with several examples of his ignorance, arrogance, and dependence coming together in the most ridiculous statements he had made.

 

The clinicians appear to have formed a self-appointed club, the UKHCDO, with ready access to a group of patients who were ripe for studying, made easier by their need to remain in contact with the Haemophilia Centres. Some of the seminal papers were called into question by Mr Snowden, including the Manucci work where the results seem to have been significantly revised between editions.

 

Mr Snowden made reference to the list of recommendations found in the final submission, and homed into the matter of coroners connections to the issues being investigated. This was because a presentation from the Inquiry on this very topic had only reached Mr Snowden the previous day. The recently issued death certificate for Steve Dymond was displayed and proposed as a model for all Coroners due to its honesty related to Hepatitis C, and a recommendation for the Chair to consider including.

 

In summary, the wishes of the infected and affected from the Inquiry could be summed up as closure, reassurance, and financial security. It was suggested that these would produce dignity, health, and security.

 

It was noted again that there is still no clarity over what the Government has previously apologised for. On behalf of core participants, Mr Snowden proposed a detailed and specific apology alongside a list of what for, a commitment to make changes, and a body of representatives to scrutinise at least annually the delivery of the work flowing from the Inquiry report.

 

Compensation was the final topic for consideration. Mr Snowden recognised the issues around language related to compensation. It is not necessary to adhere to compensation as derived in courts. The Inquiry can do better without those legal restrictions. The hope is for something more than just compensation, such as reparation, restoration, restitution, and even a “new future”.

 

He recognised how the Francis framework is broadly accepted, but is still open to the Chair making his more informed changes. The currently excluded groups need to be recognised and involved, including those described as “natural clearers”, albeit at a proportionately reduced level. The desire is for a process which is swifter than the Irish scheme, but not so simple that it is too generic since that might not recognise a person’s own experience. The Chair summarised the Francis approach as having a “bedrock amount” with various add-ons.

 

It was estimated that a damages amount of £377,000 might result from what Francis described. Mr Snowden referred to a higher average for more significant harms coming to approximately £470,000. He also highlighted the current interest rates which also need to be taken into consideration. Further, some core participants are seeking a revisiting of the parity arrangement since they are not yet fixed.

 

The Chair asked if Mr Snowden’s clients had said anything about what might be suitable for people infected by Hepatitis B, but they had not been that specific.

 

Mr Snowden then reminded the KC for the Government of the six questions he had posed. The proposal fir the Chair to make an additional interim report concentrating on compensation and including interim payments for those so far excluded was also reviewed. It could be a way of securing some accountability and investigation which involves the current Government. This lack of the current Government being called to give some kind of evidence and account to the Inquiry was reported as significant to Mr Snowden’s clients.

 

In conclusion, there was a short video presentation about Lee Turton, the little boy who died so young. His life and his death serve as an exemplary testament to the horrendous harms people have suffered and still suffer, and the enduring devotion of parents, spouses, children, carers and other loved ones for those who did not survive.