Former Medical Director calls Isle of Man Covid review 'a sham' questioning 'integrity and honesty'

The Isle of Man's former medical director has described the ongoing Covid review as 'a sham', questioning the 'honesty and integrity' of the Manx government.

In a letter to the Chief Minister, the Chair of the British Medical Association (BMA) expressed concern over the ongoing reviews into the pandemic, and the handling of Dr Rosalind Ranson's employment tribunal.

Professor Phillip Banfield wrote: "The [Covid] review has no powers to compel witnesses to provide evidence and must rely on the Isle of Man Government disclosing documents voluntarily.

"Given the serious and potentially unlawful issues exposed during the Tribunal with respect to disclosure and the destruction of documents by the Government, it is impossible to have faith that these obligations will be met."

Dr Ranson was awarded a record-breaking £3.2m earlier this year in a tribunal after successfully proving her claim of unfair dismissal, as a result of whistleblowing.

The Isle of Man Covid Review was set up to examine the various government restrictions and responses to the virus from December 2019 to April 2022.

These include border controls, school closures, business support schemes, care homes, policing, testing and the vaccination rollout.

Chair of the review, Kate Brunner KC, responded to the claims describing the review as 'robust and independent', adding it was 'regrettable' that Professor Banfield did not contact her to find out about the review.

Chief Minister, Alfred Cannan MHK, responded in a letter to the BMA saying he 'rejected' the claims 'in the strongest possible terms'.

Mr Cannan said the review "has independence of both action and thought and is able to act with complete freedom - entirely unfettered from any obligation to the Isle of Man Government.

"Kate Brunner KC is entitled to call for all forms of evidence as needed.

"You should also be aware that Kate Brunner KC has powers to seek a formal public inquiry, if deemed necessary; and this is clearly outlined in the terms of reference."

He finished by writing: "I cannot see how your intervention today has any beneficial effect in terms of supporting the interests of healthcare professionals."

Professor Phillip Banfield's letter in full

Dear Chief Minister,

As you know, as Chair of the British Medical Association, in June I wrote to the Rt. Hon Alexander Chalk, Lord Chancellor and Secretary of State for Justice, raising serious concerns regarding the honesty and integrity of the Government of the Isle of Man and I asked him to consider a Commission of Investigation into the handling of the case of Dr Ranson v Department of Health and Social Care. I took this very unusual step because this case exposed a litany of failings to the extent that Dr Ranson, who served as the Island’s Medical Director, was awarded £3.2 million compensation including sums for aggravated and exemplary damages, which, as you will know, is exceptionally rare.

These awards were made because of the Isle of Man Government’s ‘high handed, malicious, insulting and oppressive manner’ during the litigation and were ‘warranted for [their] oppressive, arbitrary and unconstitutional behaviour’. It was clear at the time that the proposed review into the handling of the Dr Ranson case would be insufficient. The review has no powers to compel witnesses to provide evidence and must rely on the Isle of Man Government disclosing documents voluntarily. Given the serious and potentially unlawful issues exposed during the Tribunal with respect to disclosure and the destruction of documents by the Government, it is impossible to have faith that these obligations will be met.

It is therefore with astonishment that, over the last several weeks, your Government has confirmed all these shortcomings. I am aware that Mr Paul Moulton, a journalist on the Isle of Man, has sought to investigate aspects of the Isle of Man Government’s response to the Covid-19 pandemic, using the rights of individuals to seek the release of information under the Freedom of Information (FOI) legislation. In doing so, he is investigating certain aspects of Dr Ranson’s case.

The FOI requests made by Mr Moulton were sent to three different government departments namely the Department of Home Affairs (DHA), Department of Health and Social Care (DHSC) and the Cabinet Office. In response, the Isle of Man’s DHSC instructed solicitors Callin Wilde to issue Mr Moulton with a letter to withdraw his requests by intimidation.

In our view this demonstrates, once again, that your Government continues to exhibit the behaviours evident in the treatment of Dr Ranson. Namely, a failure to comply with legal obligations and the attempt to isolate, threaten or humiliate individuals to silence them. The apologies made concerning the treatment of Dr Ranson seem to have been forgotten, given that other individuals are now subjected to the same treatment.

The response from DHA was, we noted, published with a letter which purported to explain why they believed Mr Dan Davies (CEO of DHA) had sought to ‘tone down’ Dr Ranson’s advice. It is for this reason also, that I am writing to you as Chair of the BMA. The truth regarding the handling of the pandemic, and Dr Ranson’s advice and actions in 2020, were – and are – of fundamental importance to doctors we represent and to the people of the Isle of Man.

It is for these reasons that the BMA is not satisfied that the Isle of Man’s Covid Review, and the review into the handling of Dr Ranson’s case, to be conducted by Richard Wright KC. Neither will be able to uncover the truth and hold those accountable responsible for their actions given their reliance on the Isle of Man acting with integrity and honesty. Both truth and accountability are of fundamental importance to healthcare staff who worked to care for people during the pandemic, as well as those families who sadly lost loved ones, or themselves been affected by Covid-19.

For all of the reasons stated above Dr Ranson has no confidence in either review and has advised me that she will not be participating in neither. Dr Ranson had considered taking part in the Covid Review but having learned that key documents are not available to the Review and further documents have been deleted she is not willing to participate in what she considers is a sham that will not represent the truth of what occurred.

It is for these reasons that, regrettably, I will be sharing this letter with the Rt. Hon Alex Chalk, Lord Chancellor and Secretary of State for Justice, responsible for the good governance of the Isle of Man. The BMA is once again asking for a Commission of Investigation that is truly independent, and furnished with commensurate powers, to establish the truth and ensure that lessons can be learnt now and in the future.

When I wrote to the Lord Chancellor and Secretary of State for Justice, on 6 June 2023, I wrote ‘The current process therefore risks repeating the David and Goliath encounter faced by Dr Ranson over the last three years. It will fail to expose and unearth the extent of the corruption on the Island because both the process and its resources will be controlled by the wrongdoers’. The facts I have set out above and the recent treatment of Mr Moulton merely confirm that view, but also strengthen the case for a Commission of Investigation.

In the interests of transparency I will be publishing this letter. In doing so, I ask Members of the House of Keys and Members of the Legislative Council to reflect on the behaviours of your Government. I ask them now to consider whether it is able to serve the people of the Isle of Man with the honesty and integrity that they deserve.

Yours sincerely,

Professor Philip Banfield

Chair of Council, BMA

Alfred Cannan's response in full

Dear Professor Banfield,

I was surprised to receive your letter of 28 October 2023.

The Isle of Man Government is fully committed to identifying lessons from the handling of the COVID-19 pandemic and is doing so through a robust, transparent and independent process.

To that end, in November 2021, Tynwald supported and commissioned a fully independent review into the Isle of Man Government’s handling of the pandemic - which is due to report at the end of this year.

This review, led by Kate Brunner KC, has independence of both action and thought and is able to act with complete freedom - entirely unfettered from any obligation to the Isle of Man Government.

Kate Brunner KC is entitled to call for all forms of evidence as needed. You should also be aware that Kate Brunner KC has powers to seek a formal public inquiry, if deemed necessary; and this is clearly outlined in the terms of reference.

In addition, the Isle of Man Government has provided the review with tens of thousands of documents pertaining to meetings, actions and general correspondence that took place during the period from December 2019 to the 1 April 2022. Full verbal and written evidence has additionally been given by many current and previous Government employees and members of the public.

You should also note that the review of the Isle of Man Government’s handling of the Ranson versus Department of Health and Social Care employment case is being conducted independently by Richard Wright KC.

This is also a Tynwald supported and commissioned inquiry and Mr Wright is able to consider new and pre-existing written evidence (published and unpublished) and has the authority to interview witnesses. The Isle of Man Government continues to cooperate fully with Mr Wright and his team – providing full access to relevant records and officials. As far we understand, he will publish his report early in 2024 directly to Tynwald.

The reviews to which you refer are supported and endorsed by the Manx parliament and they have clear terms of reference. Their Chairs act free from political and official interference and the Isle of Man Government is committed to cooperating fully with both inquiries.

I cannot see how your intervention today has any beneficial effect in terms of supporting the interests of healthcare professionals.

I reject the content of your letter in the strongest possible terms.

Yours sincerely,

Hon Alfred Cannan MHK

Chief Minister

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