Former medical director and BMA raise concerns over reviews

The BMA says Dr Ranson considers the Covid review to be 'a sham'

The Island's former medical director won't be taking part in the ongoing review into the Isle of Man Government's handling of Covid-19 because she considers it to be a 'sham'.

The British Medical Association has written to Chief Minister Alfred Cannan to highlight its concerns over the ongoing reviews into the pandemic and its handling of Dr Rosalind Ranson's employment tribunal.

Chair of Council Professor Philip Banfield writes that the BMA isn't satisfied that Richard Wright KC's review into the whistleblower's case will be able to uncover the truth and hold those responsible accountable.

Having previously contacted the UK Justice Secretary to express concerns over the 'honesty and integrity' of the Isle of Man Government, the BMA now says in its letter to Mr Cannan that it's impossible to have faith that obligations on the disclosure of documents relating to the Dr Ranson review will be met.

The letter states Dr Ranson has no confidence in either Mr Wright's review or Kate Brunner KC's ongoing review into government's handling of Covid-19, and that she won't be participating in either.

She did consider contributing to Ms Brunner's review, but having learned key documents are not available to the review, she decided not to take part in what she considers to be a sham.

Professor Banfield also highlighted concerns over the handling of Freedom of Information requests from Isle of Man TV relating to Dr Ranson's Covid evidence, writing "your government continues to exhibit the behaviours evident in the treatment of Dr Ranson."

As well as sending the letter to Mr Cannan, the BMA has also contacted UK Justice Secretary Alex Chalke, who's role includes responsibility for overseeing governance of the Crown Dependencies, and is calling on Tynwald members to reflect on the behaviour of the Isle of Man Government.

Dr Ranson says: "I welcome the publication of this letter and the ongoing support of the BMA. Doctors must continue to speak up when they witness wrongdoing, so that patients are protected from harm. The culture in the NHS must change. It is not acceptable that the career of a doctor who speaks up is destroyed. Those people who are responsible for subjecting whistleblowers to harm must be investigated and held to account. In my case, that has not happened; on the contrary, wrongdoers have been publicly praised and rewarded and many continue to work in positions of high office.  

"I call on the public to support those doctors who lose their careers as a result of whistleblowing. If we can create a world where a doctor can raise concerns without that doctor becoming the focus of reprisals, then this may be the greatest service we can do for all patients, who in turn will receive safer care."

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

Manx Radio has invited the Isle of Man Government to respond.

The BMA's letter to the chief minister 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