COVID-19 INQUIRY FAQS

Frequently Asked Questions

What is a public inquiry?

A public inquiry is an investigation convened by a government minister to investigate a particular event or set of events that have caused public concern. Throughout an inquiry, the chair will review evidence, draw conclusions from this evidence regarding the event or set of events and make recommendations accordingly. It is important to recognise that inquiries are inquisitorial as opposed to adversarial. To explain this, adversarial proceedings aim to establish the truth between two opposing sides (the prosecution and the defence). Whereas inquisitorial proceedings aim to establish the truth of the matter through investigation and the examining of evidence.

Who sees documents relevant to the inquiry?

Disclosure refers to evidence. In the inquiry, this evidence will include but is not limited to text messages, emails, social media posts, letters, statements, manuscript notes, meeting/attendance notes, legislation, reports, guidance, codes of conduct, protocols, photographs, video and audio recordings and metadata. These documents will be provided to the inquiry unredacted and unfiltered, and the inquiry will then filter the documents to redact any sensitive information contained within the documents, for example, addresses, signatures.

The core participants of the inquiry and their legal representative are the only people who see the evidence in advance of the hearings. This is to allow legal representatives the time to prepare questions to be asking during the hearing, based on the evidence they have seen.

How does questioning work?

Under Rule 9 of the Inquiry (Scotland) Rules 2007 -

• Witnesses will be examined by counsel to the Inquiry.
• The examination of the witnesses by counsel to the Inquiry will be guided by material provided to the core participants in the form of a chronology and list of issues. The chronology and list of issues can be found on the Inquiry website under the documents section.
• Core participants should submit proposed lines of questioning in writing via their legal representatives.

As questions are submitted in this way, witnesses will not be cross examined, meaning that after they have given their evidence, legal representatives will not start asking their own questions. However, legal representative can request to ask another question by submitting a rule 9 application after evidence is given. The chair will ask the legal representatives if they wish to do this after a witness has given evidence.

How does this Inquiry affect the bereaved?

The Inquiry gives you the opportunity to advocate for your lost loved one. To be involved in the Inquiry and, upon the granting of Core Participant status, have the ability to fully participate in the Inquiry, please email: covid19@aameranwar.com

When will the Inquiry start?

The chair has stated that the hearings for the Inquiry will most likely start in 2023.

How is Aamer Anwar & Co. adapting to support the Inquiry?

Appointed a team of 10 capable and competent individuals to support clients and undertake work relating to both Inquiries, with multiple individuals appointed to each position to ensure there is always a hands-on approach to each necessary aspect of a working team for the Inquiries.