A judge yesterday demanded answers from the Scottish Government about an inquiry into how patients were infected with contaminated blood.
A judge yesterday demanded answers from the Scottish Government about an inquiry into how patients were infected with contaminated blood.
Lord Mackay said a hearing on the matter would take place within the next four to five weeks.
He said he would want to know then whether ministers had decided who would chair the inquiry, and what its setting-up date and terms of reference would be.
The Scottish Government promised a public inquiry last year after Lord Mackay ruled in favour of the families of two people who died after contracting hepatitis C.
Ministers had appointed judge Lady Cosgrove to chair the inquiry into the deaths of 72-year-old Eileen O'Hara and Rev David Black, 66, who died in 2003, but she withdrew for personal reasons.
In a supplementary opinion on the case yesterday, Lord Mackay said Lady Cosgrove was no longer in a position to take on the role.
Lord Mackay said: "Her replacement has not yet been identified. The proposed inquiry has not yet been set up."
He added that "furthermore, and very importantly" ministers had not yet specified the setting-up date for the inquiry, and had not determined its terms of reference.
Lord Mackay said he would fix a further hearing on the matter - to take place in about four or five weeks.
And he said that if ministers had not made decisions on the issues in question by then he would "expect to be addressed on behalf of the respondents about the further actions which each of them propose to take to ensure that the convention rights of the petitions under Article 2 are going to be complied with".
The legal action is being taken by Roseleen Kennedy, the daughter of Mrs O'Hara, and Mr Black's widow Jean.
In his supplementary opinion Lord Mackay also stated that both families were entitled to have an "independent, effective and reasonably prompt inquiry" into the deaths.
A Scottish Government spokeswoman said: "We have received and are considering Lord Mackay's opinion."
She added: "We are keen that the public inquiry should begin as soon as possible. However, the withdrawal of the original chairman inevitably resulted in some delay.
"Ministers do not want any further delay and we expect to announce the new chairman imminently.
"In the meantime, preparatory work has continued: a fully-staffed inquiry team is in place and the draft terms of reference have been agreed between ministers and the incoming chairman."
Liberal Democrat health spokesman Ross Finnie said the government must meet the deadline set by Lord Mackay.
He stated: "The health secretary has failed to give any explanation as to why having appointed a judge, she has failed to appoint a replacement and therefore failed to meet the requirements of court."
Mr Finnie added: "It would be unacceptable for the government to be in contempt of court on a matter of this kind.
"It is imperative that the health secretary meets the deadline set by Lord Mackay."
Frank Maguire, lawyer for the two women, said: "One of the things we want to avoid is this issue dragging on indefinitely.
"But it also crucial that the inquiry can seek out the truth wherever that may be.
"That means it must have the powers to access information and documents from London-based UK departments and to summons their officials and Westminster ministers if required."
He went on: "Once Scottish ministers set up the inquiry, appoint the judge, determine its terms of reference and powers, and once the UK Government's position on compliance with the inquiry is made clear, we will consider if we need to go back to Lord Mackay on the basis that the scope and powers of the inquiry are not enough."
