The UK Covid-19 Inquiry is hosting hearings in Edinburgh as part of Module 2A, dealing with core UK decision making and political governance.

This module looks at strategic and overarching issues specific to each of the devolved jurisdictions, with separate hearings planned in Wales and Northern Ireland.

Evidence heard in Scotland

High-profile witnesses last week included First Minister Humza Yousaf MSP. Alistair Jack MP, the Secretary of State for Scotland, was due to be heard, but had to reschedule because of unforeseen circumstances and will be heard this week instead. For much of the pandemic, the now First Minister was the Health Secretary, and the inquiry was expected to probe his decision making. One key issue the inquiry has taken an interest in is the extent to which decision making was conducted by informal or unofficial channels. In evidence, the First Minister offered an unreserved apology to the inquiry and the public over the Scottish Government's handling of informal messages, admitting they should have done better. This followed an admission that he had used a personal phone, and most of those messages had not been recovered. Yousaf also confirmed that there will be an external review into the use of WhatsApp and non-corporate technology within the Scottish Government.

Former First Minister Nicola Sturgeon is due to give evidence this week, and there is likely to be a similar line of questioning. The issue of informal communications is sensitive for the governments both north and south of the border and is likely to continue to dominate headlines.

The UK Inquiry

The UK Inquiry is working at pace, with another five modules currently active:

• Resilience and preparedness
• Impact of Covid-19 pandemic on healthcare systems in the four nations of the UK
• Vaccines and therapeutics
• Procurement
• Care sector

Future modules currently planned include, as a minimum:

• Testing and tracing
• Government’s business and financial responses
• Health inequalities and the impact of Covid-19
• Education, children and young persons
• Other public services, including frontline delivery by key workers.

Although the current hearings are high profile for the Scottish Government, there will also be important input from Scottish Government into many other aspects of the UK Inquiry, and organisations with Scottish interests will be watching closely.

The Scottish Covid-19 Inquiry

As a statutory inquiry, public hearings cannot take place without the Chair present. The current Chair, Lord Brailsford, is undergoing medical treatment, and therefore no hearings can take place until he is able to attend. The inquiry currently anticipates that the next tranche of hearings can begin on 12 March, which will focus on the health and social care impact. This is a slight delay to the schedule, however the other work of this inquiry will continue behind the scenes.

One of the first publications by the Scottish inquiry is the interim report on its listening project, Let’s Be Heard. This project invites input from the public on their experiences of the pandemic, its impact, and what lessons should be learned from their experiences. The aim is to use this feedback to inform the Scottish inquiry’s investigations, reporting and recommendations. This evidence gathering is continuing, and submissions can still be made.

Get in touch

If either of the Covid-19 inquiries raise any questions for your organisation, our experienced inquiries team can assist, including by advising on potential engagement with the inquiries.

We have supported clients throughout the full life journey of an inquiry, from pre-commencement to recommendations, and on to subsequent litigation. We are experienced in managing responses to high-profile inquiries and regularly work with boards and key stakeholders to identify liability, reputational and strategic risk. Our team also has experience in acting as solicitors to a major inquiry, giving us a unique perspective.

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