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Former health minister disputes claims he failed to disclose emails

David Ashford submits letter to tribunal ahead of today's hearing

The former health minister has lodged a 'reasoned protest' with an employment tribunal after it was claimed he failed to disclosure all documents relating to Dr Rosalind Ranson.

The panel received a letter from David Ashford MHK ahead of today's hearing, disputing that he had failed to comply with the disclosure process.

The former medical director's advocate previously told the tribunal that emails, in the then-minister's account, discussing Dr Ranson were only discovered after a subject data access request, not as part of the tribunal disclosure process.

Jonathan Wild, representing the Department of Health and Social Care, said the Attorney General's Chambers had investigated this overnight, and believes this not to be the case.

He added that it would be 'dangerous' to start making accusations of negligence by Mr Ashford, as this would stray beyond the remit of the tribunal.

Oliver Segal QC, representing Dr Ranson, said his client had asked the respondent in January whether extra documents found by Dr Ranson's request had been included in the original disclosure, but did not receive a response.

He told the panel the department was also invited to clarify whether it had made a mistake in the disclosure process in January.

Mr Segal also raised concerns that the AG's Chambers didn't provide a paginated copy of the DHSC's evidence - something is was required to do for the tribunal - and this made it hard to determine what was before the hearing.

Mr Ashford has told Manx Radio two of the three emails were included in the thousands of documents submitted to the tribunal, while the third was not among the files he held when he searched his inbox.

The Douglas North MHK insists everything he had in his possession at the time of the request for disclosure was submitted, adding that he was not asked to participate in the disclosure hearing.

Mr Wild confirmed the AG's Chambers are happy to investigate further, something the tribunal welcomed, stating that if something incorrect has been said at the hearing, then it must be corrected.

He described a suggestion by Mr Segal that the Attorney General's Chambers may have played a role in the disclosure issues as 'without foundation' given that the tribunal isn't taking evidence from the AG at this hearing.

The DHSC's advocate also confirmed former CEO's Kathryn Magson and Karen Malone were made aware of the disclosure proceedings, but the department can't compel them to take part as they are no longer employees of the department.

Chairman of the tribunal, Douglas Stewart says the process remains ongoing, and that further sessions may be needed to consider evidence on concocted documents following the conclusion of an investigation by private investigators Expol, as well as further evidence from the Attorney General's Chambers.

The findings of this process will be used to inform a remedy hearing in January, where it will be determined what damages Dr Ranson will receive after being found to have been unfairly dismissed by the DHSC for whistleblowing.

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