PRESS RELEASE – 23 NOVEMBER 2023 – SCOTTISH COVID – 19 PUBLIC INQUIRY – EVIDENCE AND WHATSAPPS
Press Release – 23rd November 2023
SCOTTISH COVID-19 PUBLIC INQUIRY
TO HEAR EVIDENCE FROM ‘SCOTTISH COVID BEREAVED’ MEMBERS
SCB AWAIT RESPONSE FROM FM ON WHATSAPPS
Friday, 24th November 2023 at 10am
George House, 126 George Street, Edinburgh, EH2 4HH
Statement by Aamer Anwar, Solicitor- on behalf of Scottish Covid Bereaved.
On the 24th of October 2023, the Scottish Covid-19 Public Inquiry began its substantial evidential hearings, which focuses on the health and social care impacts of the pandemic.
On Friday, the 24th of November 2023, the Inquiry will begin to hear evidence from members of Scottish Covid Bereaved, starting with Caroleanne Stewart who lost her brother and fiancé, and Pamela Thomas who lost her brother. (See undernote for further detail – photographs will be sent separately to this email).
WHATSAPPS
We are representing the Scottish Covid Bereaved at both public inquiries in London as well as Edinburgh. The provision of WhatsApps have provided a devastating insight for the decisions made on the handling of the pandemic by those in power at UK level.
The ‘Scottish Covid Bereaved’ welcome that the Scottish Government has bent to the will of the UK Inquiry, by agreeing to handover thousands of unredacted WhatsApp messages. However, a Section 21 order still applies and the bereaved expect nothing less than full compliance.
The Scottish Government claimed that ‘contrary to some reports’, there is not and has not been a requirement for any official, let alone Ministers, to auto-delete messages without ensuring that relevant information from them is transcribed and saved appropriately first. However, I quote senior counsel to the UK Inquiry Jamie Dawson KC at the preliminary hearing:-
“WhatsApps appear to have been used to send messages relating to and surrounding key decisions by some members ofScottish Government, the majority of the messages were not retained by witnesses.”
In addition, the Inquiry were told there was 137 WhatsApp groups and up to 70 senior government ministers and senior civil service for whom WhatsApp was in the main not retained. The First Minister is yet to respond to our letters of the 27th October and 10th November to advise why information on deletion of WhatsApps were provided to the UK Inquiry, when that simply wasn’t true. It has been over three weeks and there is no reason why this information cannot be provided.
In the meantime, can the First Minister advise what steps his government has taken to contact the Former First Minister and the National Clinical Director- Jason Leitch and others. Can the Scottish Government confirm whether the former First Minister Nicola Sturgeon has deleted all her WhatsApps, as there is no legal basis for a veil of secrecy on this issue.
LEGAL PROFESSIONAL PRIVILEGE
The UK Inquiry wrote to the Scottish Government explaining that the Inquiry was constrained from fully carrying out its function because of not having access to material which had been redacted from documents by reason of LPP or pursuant to the Law Officers’ Convention. The Scottish Government perfectly understand that that in order for the Inquiry to understand, to the fullest extent possible, all of the considerations which were taken into account by Ministers and officials, it needs to see all advice provided to them of any description, including any legal advice they were given.
The Inquiry can and will redact sensitive and irrelevant material as it has done for the UK Government before disclosing it to Core Participants, why should the Scottish Government be any different. The Scottish Covid Bereaved are aware that LPP has been waived in other inquiries, in a critical inquiry such as this that has impacted the lives of every person in Scotland it is critical that any so-called legal privilege is waived.
It is unfortunate that as whilst our clients prepare to give evidence to the Scottish Inquiry, this has been drowned out by the lack of transparency of the Scottish Government.
Ahead of giving evidence,
Caroleanne Stewart states:
“I would like to thank the inquiry, for allowing my stories to be heard. Derek was a son, brother, husband, dad, grampa, and uncle. Craig was a son, brother, uncle, papa and my loving fiancé. They were both taken far too soon. They are loved, and missed, so much, by all their families.
These decision makers, must be held accountable for their sheer incompetence, ignorance, and total disrespect to our loved ones.
We want justice, Answers, truth, and no more lies. I hope this heartache never lands on their doorsteps, the way they allowed it to land on ours. They must learn by their failures, and make sure this can never happen again. We need assurance our country will be safe. If there is ever another pandemic.”
Pamela Thomas states:
“My family and I would like to thank the inquiry for the opportunity to be a voice for James.
We represent a son father brother uncle and dear friend who is no longer with us. Since losing James we have felt silenced and failed when all we ever wanted was answers we never got them.
Our lives have changed forever, and we will miss James for as long as we live. Lessons must be learnt. This can never happen again.”
The hearing will take place at George House, 126 George Street, Edinburgh. There is also a viewing room in Regus, 83 Princes Street, Edinburgh. The Inquiry can be viewed online via https://www.youtube.com/@covidinquirysco.
The bereaved and their legal team will arrive at 9.30am for a short press conference, followed by one to one interviews at 1.10pm outside the venue.
For more information: https://www.covid19inquiry.scot/hearing/impact-hearing-health-social-care-day-16.
