The first hearings of the inquiry into disgraced brain surgeon Sam Eljamel are expected to go ahead in September as planned, Lord Weir has said.
The chair of the Eljamel Inquiry said work by the Scottish Government was under way to resolve building safety issues that led to the first evidence hearings being delayed.
Stage one hearings had been scheduled for April but were postponed due to concerns around the venue at Waverley Gate in Edinburgh, which the inquiry team first became aware of last year.
Jamie Dawson KC, senior counsel to the inquiry, said it was not until February this year it “became apparent” to Lord Weir that the issue posed a “real risk” to attendees’ safety.
In May, Mr Dawson KC criticised the Scottish Government’s handling of the issue, saying former patients had been left “uninformed, anxious and suspicious” by the lack of any public explanation for the delay.
On Friday, Lord Weir said he now expects the first hearings to go ahead over four weeks from September 7.
He said the inquiry could now prepare for the hearings, including making contact with potential witnesses.
A provisional timetable for the hearings is also expected to be released next week.
Lord Weir said the Scottish Government intends to resolve the safety issues by entering into a new lease covering the inquiry’s office space, hearing room and the corridor providing access to them.
He said he had been told the new lease should ensure the premises are safe for public use without the need for any construction work.
While the Scottish Government said the issues should be resolved in time for the hearings, the inquiry chair said he could not guarantee this would be the case.
But he said he was “satisfied that the update with which I have been provided constitutes a suitable basis upon which we can proceed with the inquiry’s preparatory work on the assumption that the hearings will indeed go ahead in September”.
He added: “The Inquiry team will continue to monitor progress against milestones which the Scottish Government has set out.
“If there is any material slippage from the expected timetable, explanations and immediate solutions will be sought.
“In the meantime, I have instructed my team to make contact with the witnesses whom the Inquiry intends to call to give evidence at the section 1 hearings immediately so that a provisional timetable for the September hearings can be issued to core participants for their comment next week.”
A spokesperson for the Scottish Government said: “We fully recognise the pain and distress experienced by people impacted by Mr Eljamel’s practice.
“That is why we established the statutory public inquiry to ensure patients get the answers and justice they deserve.
“We understand the frustration caused as issues relating to the building are resolved. The Scottish Government has been working collaboratively with the inquiry teams, City of Edinburgh Council and the landlord of Waverley Gate to develop a solution that would allow inquiry hearings to take place in person as soon as safe to do so.
“Ministers are clear that as Eljamel Inquiry sponsor, the Government will continue to provide any necessary operational support to enable the chair and the inquiry to carry out their independent work and to ensure patients can fully participate in the inquiry process.”
