A CAMPAIGNER who is seeking greater protection for NHS patients in the wake of the Richard Neale scandal believes the Government is ready to act.

Former Northallerton Mayor, John Bacon, is angry that disgraced North Yorkshire surgeon Richard Neale escaped criminal prosecution, despite injuring more than 200 patients.

The Crown Prosecution Service (CPS) decided there was not enough evidence to prosecute the former Friarage Hospital surgeon, who was struck off two years ago.

Mr Bacon, who is backed by Richmond MP William Hague, argues that health and safety legislation should be used to prosecute doctors and hospital managers who recklessly expose patients to danger.

He argues that if the CPS decides not to press charges there is no current sanction against medical staff or their managers in cases of serious professional misconduct.

In what he regards as a breakthrough, Mr Bacon was invited to present his case to Tim Walker, director general of the Health and Safety Executive, in London, last week.

During what he described as "robust discussion," Mr Bacon presented a list of his proposed amendments to current health and safety legislation.

The HSE has told Mr Bacon that his views will be taken into account in its forthcoming policy review, which is part of a general overhaul of how healthcare is monitored in the UK.

After the meeting, Mr Bacon said: "I feel we have made some positive progress. I have had a letter from the HSE chairman Bill Callaghan confirming that my report will be taken into account and inviting me to consult further as the review gets under way."

His report has also been forwarded to the Department of Health, which is organising an investigation into the Neale scandal.

In a separate move, Mr Hague has written to Deputy Prime Minister John Prescott on Mr Bacon's behalf, asking the Government to clarify its position on the application of the Health and Safety at Work Act.

The former Tory leader is also asking Mr Prescott to outline what criminal sanctions apply to doctors who "wilfully breach established medical practices".

Mr Hague has passed on Mr Bacon's request that he should be allowed to raise the issue of health and safety legislation at the forthcoming Neale inquiry.

An announcement about the Neale inquiry is expected to be made shortly.