Image source, bbc

Mr Whittle asks if the health secretary will act on the failures we already know about.

"Yes we are," replies Ms Freeman.

The health secretary points to work on new hospitals where issues around ventilation are being dealt with.

She points to the work in establishing the National Centre of Expertise, which is underway.

We are attempting to take account of all the lessons learned so far, she adds.

Tory MSP Brian Whittle asks how many current capital projects are underway or planned which will be impacted by the inquiry.

That is difficult to answer because we cannot know how long the inquiry will take, replies Ms Freeman.

Image source, bbc

Labour MSP David Stewart pivots to the tragic death of Milly Main and the potential link with water contamination.

Will the issue of water contamination be fully examined by the independent review group and the public inquiry, asks Mr Stewart.

Ms Freeman says the current independent review has taken evidence on that.

She expects the public inquiry to also look at water contamination.

"It is clear that will be part of both pieces of work."

The health secretary says a draft remit of the public inquiry will be discussed with the independent chair, who can make comments and additions to that.

We will include water contamination in that draft remit, she confirms.

Ms Freeman says in terms of the independent review into the QEUH campus, it is well underway and the expectation is that the final report will be published in early spring.

The health secretary adds the review will feed into the public inquiry.

Whoever is leading the public inquiry will then take a view if there is more evidence to be taken about the independent review, she says.

Ms Freeman says the government is in the process of finalising who will lead the public inquiry into the QEUH and Edinburgh's sick kids hospital.

I am hoping to announce this before Christmas recess, she confirms, with a starting date to follow.

She says a number of additional issues will be taken account of before the start date is confirmed, including the Health and Safety Executive investigation of QEUH which will recommend whether an FAI or criminal proceedings are needed.

The HSE report is anticipated before the end of the year, she adds.

Image source, bbc

Turning to the inquiry into the QEUH and the new children's hospital in Edinburgh, MSPs are hearing from:

• Health Secretary Jeane Freeman
• Christine McLaughlin, CFO of NHS Scotland
• Fiona McQueen, Chief Nursing Officer for the Scottish government

Image source, KIMBERLY DARROCH

The committee will shortly question the health secretary about the deaths of two children at the Royal Hospital for Children at the QEUH campus.

NHS Greater Glasgow and Clyde has said it is "truly sorry" for the distress caused to parents following the deaths of the two children.

NHS Greater Glasgow and Clyde issued the apology after the health secretary warned the government could take a more direct role in its management.

Milly Main, 10, and a three-year-old boy died three weeks apart in August 2017.

Both were treated in a ward at the Royal Hospital for Children at the Queen Elizabeth University Hospital campus which was later closed because of problems with the water supply, according to newspaper reports.

Last week Milly's mother told BBC Scotland that she was "100%" convinced her death was linked to water contamination issues.

• Police investigate three-year-old's hospital death
• NHS board special measures call over child's death
• 'I was let down and lied to over Milly's death'

MSPs recommend that the Public Services Reform (The Scottish Public Services Ombudsman)(Healthcare Whistleblowing) Order 2020, external be approved.

They also recommend the Scottish Public Services Ombudsman - Whistleblowing Principles be approved.

The health secretary counters the concerns raised saying: "I don't agree that this is a missed opportunity."

Ms Freeman points out there are many concerns raised in the NHS that are treated timeously and are dealt with.

This is about the quality of relationships and the degree of trust across the NHS, she adds.

Tory MSP Miles Briggs says this is a "missed opportunity" to create a "fit for purpose" whistleblowing system in Scotland.

He confirms he will support the order today because the situation does need improving, but he urges his fellow committee members to keep considering the issue.

SNP MSP Emma Harper says if the standards and principles are followed, this should create a system that supports whistleblowers.

Lib Dem MSP Alex Cole-Hamilton says he shares Mr Briggs' concerns but will reserve judgement on how it works until staff on the ground respond.

Alex Cole-Hamilton asks how these changes will be communicated to staff on the ground.

How will they know what merits whistleblowing, asks the Lib Dem MSP.

Ms Agnew agrees there is a distinction between grievance and whistleblowing.

The Scottish Public Services Ombudsman says we must ensure the NHS organisation sends it down the right route.

We would expect boards to give training and engage in awareness raising, she adds.

Rosemary Agnew says she has two aims:

1. to ensure the whistleblower is protected
2. to ensure organisations learn from any whistleblowing complaint

This means the organisation must be given the opportunity to learn, which is why there needs to be different routes on how the SPSO deals with issues which come to it she adds.

The decisions will be made case by case based on conversations with the individual whistleblowers, Ms Agnew explains.

Image source, bbc

Tory MSP Miles Briggs says the recent events at the QEUH shows the need for an effective whistleblowing service.

Why is it not fit for purpose, asks the Tory MSP and he wonders why we have not complied with the new Council of Europe standards on whistleblowing.

"I think I would challenge the not fit for purpose," the Scottish Public Services Ombudsman replies.

It is questionable whether what is currently in place is fit for purpose, concedes Ms Agnew.

Labour MSP David Stewart asks whether this order will prevent situations as we have seen at NHS Highland come about.

An independent review suggested hundred of health workers have potentially experienced inappropriate behaviour at NHS Highland.

Not in and of itself, replies the health secretary.

I want to get to a point where whistleblowing is an exception because people feel their issue is dealt with within their organisation, she adds.

Mr Whittle says culture is central to the whole of the whistleblowing issue and asks how it can be changed at the top line of management.

Changing that culture will be the most difficult, she adds.

Ms Freeman replies: "I think that is a very fair point."

There is also work to be done at a lower level of management in providing the necessary support to make this work, she adds.

Ms Freeman says how the NHS responds to whistleblowing across Scotland is a mixed picture, but we want all staff to feel encouraged to raise concerns and feel that these concerns will be heard.

This means changing the culture inside individual boards, in addition to identifying different ways we can all contribute to a positive, safe working culture she adds.

Image source, bbc

SNP MSP Emma Harper asks if there will be the creation of a whistleblowing hotline.

The health secretary confirms the government continues to fund the whistleblowing alert and advice line.

Ms Freeman says the whistleblowing champions will be appointed by the end of this year, before Christmas recess.

There is a shortlist of 45 now going through the interview process she adds, pointing out Ms Agnew has taken part in every single interview.

The convener asks how the relationship between the ombudsman and local authorities will be managed.

There is a shared intent within COSLA and local authorities to make it work says the health secretary.

Rosemary Agnew says it is important there are clear guidelines in place and the ombudsman service is available to provide advice.

She also highlights the plan to sign a memorandum of understanding with the Care Inspectorate.

Image source, Getty Images

Last year we reported that this committee had called for the creation of an "open and transparent" culture in the Scottish health service.

MSPs said significant changes were needed to ensure health workers were able to voice their concerns.

It had reported after its inquiry on the subject found one third of NHS staff were unwilling to speak up.

The Scottish government has created a new post to make it easier for those with concerns to come forward.

Image source, bbc

Health Secretary Jeane Freeman says these two motions will introduce an Independent National Whistleblowing Officer for Scotland.

It is important NHS staff can speak up when they need to and have no qualms about doing so, Ms Freeman adds.

She says to get there the strongest set of checks and balances must be put in place.

The minister calls on the committee to recommend the orders are approved.