Terms of Reference

Term of Reference 1:

To investigate the systems in place in Scotland for the collection,
treatment, licensing, testing, preparation for supply and supply for use by the NHS of blood and blood products with particular reference to the risks of transmission of the hepatitis C virus and HIV to patients treated by the NHS in Scotland, including the role of government in regulation and setting guidelines and standards.

Term of Reference 2:

To investigate the systems in place for informing patients treated by
the NHS in Scotland of the risks associated with the use in their
treatment of blood or blood products, with particular reference to the
risks of infection with the hepatitis C virus and HIV.

Term of Reference 3:

To investigate the systems in place in Scotland for obtaining consent
from, and testing for infection with hepatitis C and HIV, patients
treated with blood or blood products, and informing any patients found
to be so infected.

Term of Reference 4:

To investigate the systems for recording and monitoring the numbers of NHS patients in Scotland treated with blood and blood products, with particular reference to the numbers exposed to risk of infection with the hepatitis C virus and HIV and the numbers contracting either or both such infections as a consequence of such treatment.

Term of Reference 5:

To examine the circumstances generally in which patients treated by the
NHS in Scotland became infected with hepatitis C, HIV, or both through
the use of blood or blood products in the course of their treatment,
taking account of the development of scientific and clinical
understanding and evidence internationally.

Term of Reference 6:

To investigate the deaths of Reverend David Black, Mrs Eileen O’Hara, Alexander Black Laing and Victor Tamburrini, with particular reference to the circumstances in which they became infected with the Hepatitis C virus, HIV or both.

Term of Reference 7:

To investigate the steps taken by those involved in, and those
responsible for, the NHS in Scotland, including NHS Boards and the
Scottish National Blood Transfusion Service ("SNBTS"), their officers
and employees and associated agencies, once hepatitis C and HIV were
identified, to trace individuals who might have become infected with one
or both of them as a result of receiving blood or blood products; and to
identify any other or further steps that might reasonably have been
taken to trace such individuals.

Term of Reference 8:

To investigate the steps taken by those involved in, and those
responsible for, the NHS in Scotland including NHS Boards and SNBTS,
their officers and employees and associated agencies, to prevent the
provision of infected blood and blood products.

Term of Reference 9:

To investigate the steps taken by those involved in, and those
responsible for, the NHS in Scotland including NHS Boards and the SNBTS,
their officers, employees and associated agencies to inform individuals
who might have received infected blood or blood products of the risks
associated with their treatment for themselves and their families; and
to offer treatment to any individual at risk, and to identify any other
or further steps that might reasonably have been taken to inform and to
treat such individuals.

Term of Reference 10:

To examine any particular adverse consequences for patients treated by
the NHS in Scotland and their families of infection through blood and
blood products with hepatitis C and HIV, including the treatment
offered.

Term of Reference 11:

To identify any lessons and implications for the future, and make
recommendations.

Term of Reference 12:

To report as soon as practicable.

The Right Honourable Lord Penrose