PRESS RELEASE – UK COVID19 PUBLIC INQUIRY – ‘Decision making in Scotland’ – MODULE 2A – Preliminary Hearing-Tuesday 1st November 2022
Statement by Aamer Anwar Solicitor on behalf of the ‘Scottish Covid Bereaved’ Group.
Our legal team appeared today on behalf of the Scottish Covid Bereaved (formerly Scottish Covid19 Bereaved Families for Justice) at the third preliminary hearing of the UK Covid19 Public Inquiry in London. Monday’s preliminary hearing was for Module 2 examining the UK’s core political and administrative decision-making in relation to the Covid-19 pandemic. This was followed by a hearing today for Module 2A (looking at decision-making in Scotland)
Today we appeared alongside 7 designated core participants including the Scottish Ministers, Trades Union Congress, in particular the Scottish Trades Union Congress, Public Health Scotland; NHS National Services Scotland; Scottish Care; and National Police Chiefs’ Council.
Module 2 will be concerned with how central Government responded to the pandemic and made the key decisions that it did, concerning matters of central importance such as the decisions to impose lockdowns, how and why it made those core decisions and how well the system worked. It will pay scrutiny to the decisions taken by the Prime Minister and the Cabinet, as advised by the Civil Service, senior political, scientific and medical advisers, and relevant Cabinet sub-committees, between early January and late March 2020, when the first national lockdown was imposed. Importantly for Scotland, Module 2 will examine, the central government structures and bodies concerned with the UK response to the pandemic and their relationships and communications with the devolved administrations in Scotland, Wales, and Northern Ireland and regional and local authorities.
The inquiry will identify wrongful decision making in Scotland and the UK, significant errors of judgment, the bereaved and those who suffered deserved nothing less and lessons must be learned. Those we represent recognise more than any other group that the hardship and suffering imposed by the pandemic, was not equally spread.
The families we represent in Scotland confronted on a daily basis the risk of infection or worse, in hospitals, care homes and on the frontline of the public sector, for thousands it meant the loss of life, the impact on their lives was devastating.
Baroness Hallett’s comments yesterday following our submissions by Claire Mitchell KC, that what had been happening with the Scottish Inquiry meant it was not possible to give the clarity, that the UK Inquiry would like to give at this stage to the Scottish Covid bereaved.
In relation to the appointment of Lord Brailsford, we welcome his appointment as any further delay caused concerns as to the potential impact on the UK inquiry as well as Scotland.
It is important to state that Lord Brailsford is a widely respected judge, who is known for his compassion. The families had hoped an experienced and robust judge who would put the bereaved families at the heart of the Scottish Inquiry would be appointed. The families are relieved and grateful to the Lord President and the DFM John Swinney for the rapid appointment of Lord Brailsford and look forward to meeting with him very soon.
We appreciate that both sets of Inquiries will be the most complex and onerous in legal history, whilst at times the inquiries may falter, they cannot be allowed to fail. ‘The Scottish Covid bereaved’ expect both inquiries to operate with tenacity, robustness and independence, in the interests of the Scottish public, without fear or favour.
It was deeply worrying that whilst we were representing the Scottish bereaved families in London at the UK Covid Inquiry, Scotland’s inquiry appeared to have stalled-however the appointment of Lord Brailsford gives hope that the Scottish Inquiry can finally get back on track and deliver the families truth, accountability and a legacy for their loved ones who lost their lives to Covid19.
The families were disappointed to learn today that the Scottish Inquiry hearings will not commence until 2024. That being said, the Scottish Covid Bereaved absolutely want the Inquiry to proceed with all due haste, but not at the expense of getting the critical process of disclosure correct.
The Scottish Covid Bereaved are especially anxious, in light of these very unfortunate difficulties, to ensure that module 2A and indeed all modules are carried out rigorously and in co-operation with the Scottish Inquiry. They wish to ensure that voices of the Scottish bereaved are heard at both Inquiries.
The families welcomed today’s submissions by inquiry counsel Jamie Dawson KC on their cooperation with the Scottish Inquiry. The UK Inquiry is obliged by its Terms of Reference to minimise duplication of investigation, evidence gathering and reporting with the Scottish Inquiry. A draft Memorandum of Understanding has been worked up between the two inquiries. Duplication requires to be minimised not only in the work of the two inquiries themselves but also in the efforts which will be required by the two inquiries from documents providers, witnesses, Core Participants and other interested parties in order for both inquiries to fulfil their independent Terms of Reference.
It is expected that within the next few weeks, the first batch of Rule 9 Requests for information will be sent to Scottish document providers, including the Scottish Government; the Directorate General for Health & Social Care; NHS National Services Scotland; Public Health Scotland; the Scottish Government Covid-19 Advisory Group and Ministers / former Ministers.
The single most important question that both Inquiries must answer is whether it is possible to say what the likely effects of earlier or different decisions to intervene would have been on whether lives would have been saved if the lockdowns had been imposed earlier or differently. These will be critical and controversial questions for both the UK and Scottish Government to answer.
BACKGROUND NOTES FOR EDITORS:-
This Inquiry is obliged under section 27 of the Inquiries Act 2005 and its Terms of Reference to consider both reserved and devolved matters in respect of Scotland,
Therefore, having considered the picture from a UK-wide (and also English) perspective in Module 2, Modules 2A, 2B and 2C will address the same overarching and strategic issues from the perspective of Scotland.
Module 2A is primarily concerned with the Scottish Government’s core political and administrative decision-making in relation to the Covid-19 pandemic between early January 2020 and April 2022.
This module will look at and make recommendations about the Scottish Government’s core political and administrative decision-making in response to the Covid-19 pandemic between early January 2020 and April 2022, when the then remaining Covid-19 restrictions were lifted in Scotland. It will examine the decision-making of key groups and individuals within the Scottish Government including the First Minister and other Scottish Ministers, in particular between
early January and late March 2020 when the first national lockdown was imposed. More detailed consideration of a number of key areas and the impact of the pandemic on those areas in Scotland will be undertaken later in the Inquiry.
Module 2A will examine:
- The structure of the Scottish Government and the key bodies within it involved in Scotland’s response to the pandemic, and their relationships and communications with the UK Government, other devolved administrations and local authorities within Scotland.
- The Scottish Government’s initial understanding of, and response to, the nature and spread of Covid-19 in Scotland in the period between January and March 2020 in light of information and advice received from the UK Government and other relevant international and national bodies, advice from scientific, medical and other advisers and the response of other countries, including its initial strategic response to key “super-spreader” events in Scotland over that period.
- Decision-making by the Scottish Government relating to the imposition or non-imposition of non-pharmaceutical interventions (NPIs), including lockdowns, local restrictions, working from home, reduction of person to person contact, social distancing, the use of face coverings, border controls, the initial development of Test and Protect as well as the certification and app systems rolled out by the Scottish Government; the degree of and rationale behind differences in approach between the Scottish Government and other governments in the UK; the timeliness and reasonableness of such NPIs, including the likely effects had decisions to intervene been taken earlier or differently; the development of the approach to NPIs in light of the Scottish Government’s understanding of their impact on transmission, infection and death; the identification of at risk and other vulnerable groups in Scotland and the assessment of the likely impact of the contemplated NPIs on such groups in light of existing inequalities; and the impact, if any, of the funding of the Scottish pandemic response on such decision-making, including funding received from the UK Government.
- Access to and use in decision making of medical and scientific expertise; data collection and modelling relating to the spread of the virus in Scotland; the measuring and understanding of transmission, infection, mutation, re-infection and death rates in Scotland; and the relationship between and operation of relevant systems for the collection, modelling and dissemination of data.
- Public health communications by the Scottish Government and other key public health agencies, in particular in relation to the steps being taken to control the spread of the virus; transparency of messaging; use of behavioural management and the maintenance of public confidence in the Scottish Government, including the impact of any alleged breaches of rules and standards by Ministers, officials and advisers;
- The public health and coronavirus legislation and regulations that were proposed and enacted: their proportionality and enforcement across Scotland.
