Covid bereaved families 'deserve better' from politicians

1. The UK Covid inquiry is now sitting in Edinburgh, where it will take evidence for the next three weeks
2. The inquiry, which is chaired by former judge Baroness Hallett, began on 28 June 2022
3. Baroness Hallett says the inquiry is for all four nations of the United Kingdom, "which is why I'm pleased to be here in Scotland"
4. It was originally announced by former Prime Minister Boris Johnson
5. Lead counsel Jamie Dawson KC says the inquiry will examine the Scottish political response to the pandemic
6. The Covid Bereaved Scotland group say families "deserve better from politicians
7. The Scottish government has been accused of a lack of consultation with impacted groups during lockdown and beyond
8. There were some "significant" differences in how the UK and Scottish governments handled pandemic advice, the inquiry hears.
9. A separate Scottish Covid inquiry is also under way

UK Covid-19 inquiry: The headlines

Today's session of the UK Covid-19 inquiry has drawn to a close. If you're just joining us, here are the headlines from today's events in Edinburgh:

• Claire Mitchell KC for the Scottish Covid Bereaved called for Scottish ministers to do better than UK ministers had done in terms of answering the inquiry’s questions directly
• Ms Mitchell, one of several core participant speakers, expressed concern about reports that senior figures had failed to retain their Whatsapp messages

• The Scottish government were accused of a lack of consultation with impacted groups during lockdown and beyond by the inquiry's lead counsel Jamie Dawson KC

• Mr Dawson said the inquiry will examine the political response to the pandemic here in Scotland and will ask if Scottish ministers could have done more or been quicker with their response

• Baroness Hallett began proceedings this morning by saying this is an inquiry for all four nations of the United Kingdom
• A powerful impact video was played at the inquiry with the voices of people in Scotland who had lost loved ones during the pandemic.

Thanks for joining us today. We'll be back tomorrow morning for the beginning of the next evidence session in Edinburgh. Your editors today were Paul McLaren and Craig Hutchison, while the writers were Kirsten Campbell, Ashleigh Keenan-Bryce and Andrew Picken.

Devolution relationships are at the heart of the matter

Hugh Pym

Health editor

This first hearing of the UK Covid inquiry in Scotland has cut right to the core of one of the key issues it will be examining – the relationship between the government at Westminster and the UK’s nations.

With health being a devolved policy issue, it is understandable that there might have been confusion about lines of responsibility in the early days of the pandemic.

But Jamie Dawson KC, counsel to the inquiry, made it clear he would ask a number of questions about the performance of the Scottish government at that time.

Should it have taken heed sooner of advice by experts, he asked, and made plans earlier to deal with the virus?

With the UK government acting too slowly in February 2020, why did Scottish ministers and officials not do more to push for a faster response?

And was the management of the pandemic influenced by the Scottish government’s key objective of independence?

Mr Dawson even raised the thought that a different approach could have changed the course of the pandemic.

The impact of the UK government’s own decisions as they affected Scotland will be important too.

Counsel for the Scottish government, Geoffrey Mitchell KC, acknowledged lockdown might have been imposed sooner but the timing depended on Westminster decisions on resources including furlough.

Relationships between the centre and the devolved administrations and lessons learned will continue to be an important thread running through the inquiry.

UK Covid inquiry comes to Scotland… in 90 seconds

UK Covid inquiry ups sticks to Scotland… in 90 seconds

If you are just catching up with us, the UK Covid inquiry has upped sticks from London to Edinburgh.

Over the next three weeks, the inquiry will hear evidence from government ministers and experts about decisions taken in Scotland during the pandemic.

BBC political correspondent Kirsten Campbell outlines what can be expected during the inquiry's time north of the border.

Video by Morgan Spence

Read more: Covid inquiry turns spotlight on Scottish decisions

Ministers would have preferred an earlier lockdown

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Mr Mitchell says, with the benefit of hindsight, the Scottish government would have wished to impose a lockdown earlier than 23 March 2020.

However, he says that that practical barriers would have stood in the way of this as the UK government would have to provide the necessary financial resources such as furlough.

What was the four harms strategy?

Geoffrey Mitchell KC refers to the "four harms strategy", which we've heard a number of times today.

So what is it?

1. Direct Covid health harms
2. Broader health harms, primarily the impact on the NHS and social care services
3. Social harms to the wider society, like harms to the educational attainment
4. Economic harms

The challenge was to take decisions that avoided overall harm as much as possible, says the KC.

He accepts the four harms did not impact on everyone equally and the Scottish government recognises a key question is, could the vulnerable been better protected?

'Care home residents, relatives and staff all suffered'

BBC

"The Scottish government's aim was to minimise the overall harm of the pandemic," says Geoffrey Mitchell KC.

He continues that ministers acknowledge that certain decisions could have been taken differently.

Mr Mitchell pauses to acknowledge the impact of the pandemic on the social care sector. Deaths that occured in care homes, he said, accounted for a significant portion of all Covid-19 deaths in Scotland.

"Restrictions on visiting caused unintended pain and suffering. Residents, their relatives, and care home staff all suffered."

Background: The people who lost their lives to Covid

Graham Family

Janice Graham died in Inverclyde Royal Hospital

During the pandemic, BBC Scotland captured the stories of some of those who died with Covid.

We published family tributes and pictures of the pandemic’s victims to try and show the human impact of the thousands of lives lost during the public health crisis.

The list includes Janice Graham, who was the first NHS worker to die with coronavirus in Scotland.

The health care support worker and district nurse died at Inverclyde Royal Hospital on 6 April, 2020.

Read more about people who lost their lives in Scotland during the pandemic.

Scottish government offers condolences to bereaved families

Now it's time to hear from Geoffrey Mitchell KC on behalf of the Scottish government.

He begins by offering his condolences and those of the government to those families who have lost loved ones to Covid-19 which, he recognises, hurts to this very day.

Mr Mitchell says that the Scottish government appreciates that there are questions about the decisions made during the pandemic and the reasons they were made.

"Covid-19 posed an unprecedented systemic threat" to global health, economic activity and wider society, he says.

Mr Mitchell says the complexity of the challenge created by the rapid spread of the virus meant that there was no single, simple and certain way to respond.

PHS 'only advised, it did not make decisions'

BBC

Simon Bowie KC praises the enormous dedication of Public Health Scotland staff and highlights the impact on their health.

The KC points out the role PHS played in supporting the Scottish government while stressing it did not make decisions or decide the policy on which they were based.

The decisions were made by the Scottish government, while PHS gave scientific advice, he adds.

PHS feels the 'terrible impact wrought by this pandemic'

We now turn to the KC representing Public Health Scotland, Simon Bowie.

Mr Bowie explains PHS is Scotland's national public health body and it embodies the Scottish government's commitment to addressing health inequalities.

"It acutely felt and continues to feel the terrible impact wrought by this pandemic."

The KC says PHS supported the Scottish government's modelling of the pandemic and on national testing.

It also worked on maintaining low levels of community transmission by helping with the Test and Protect programme and PHS shaped the digital infrastructure in the response to the pandemic.

The 'significant' role of NHS National Services Scotland

Una Doherty KC speaks on behalf of NHS National Services Scotland (NHSNSS).

She explains NHSNSS is a non-departmental public body, accountable to the Scottish government.

The role of the body during the pandemic response played a "significant national role", Ms Doherty says, which included the commissioning and decommissioning of the Louisa Jordan hospital, the Test and Protect programme and Covid-19 vaccination programmes.

88% of police encounters with public resolved without enforcement

Mr Phillips says in April 2020 Police Scotland created a bespoke computer system called CVI to record every Covid-related encounter between the police and members of the public.

The data was published on a weekly basis to ensure transparency and accountability, he says.

The KC says the data showed that approximately 88% of all encounters were able to be resolved by officers without any need to progress to enforcement.

Police Scotland KC stresses importance of compliance over enforcement

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Rory Phillips KC, representing the National Police Chiefs' Council, is next to speak.

Mr Phillips says the NPCC represents the interests of Police Scotland, one of the frontline organisations in the management of the pandemic.

There will be no witnesses representing the police during this module, but there is a written submission.

Mr Phillips points out enforcement was the last resort during the pandemic - it was compliance which was the measure of success.

"It's compliance which prevents transmission and keeps the community and indeed the police safe."

Culture of professionalism versus 'back the Gavster'

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Sam Jacobs KC says the indication is that there existed a "more open culture generally" within Scottish government and when working with external partners such as unions and academics.

He goes on to address the differences between the culture of Scottish and Westminster ministers.

He gives an example of professional titles such as First Minister, Deputy First Minister and Cabinet Minister being used in meetings of the Scottish Cabinet as outlined by Nicola Sturgeon.

This contrasts with the "male-dominated" meetings of Westminster where ministers were encouraged to "back the Gavster" in reference to Sir Gavin Williamson, and laughing about "Hancockian timetables" in reference to Matt Hancock.

How many people died during the Covid pandemic in Scotland?

The first Covid-19 death in Scotland was reported by NHS Lothian on 13 March 2020.

After this point the death rates ebbed and flowed with the different waves of the pandemic and, as of the end of 2023, a total of 16,929 people in Scotland had died with Covid according to National Records of Scotland (NRS).

And people are still dying of Covid in Scotland every week.

NRS data shows that in the last week of 2023, a total of 30 deaths were recorded where Covid-19 was mentioned on the death certificates.

Most Covid deaths occurred in hospitals and care homes.

Read more here.

'The disadvantaged paid the greater price'

The KC continues by addressing the loss and sacrifice of those in the workplace during the pandemic.

He points to a paper provided to the inquiry by the Scottish Centre for Administrative Data which describes that men in service professions such as kitchen staff, waiters, LGV and taxi drivers had exceptionally high mortality rates.

Among women, the paper observes that in elemental occupation such as industrial cleaning, packers, bottlers and canners, higher mortality rates were also observed.

Mr Jacobs says: "Those who were less well off and faced greater disadvantage paid the greater price."

Westminster's 'playground squabbling'

BBC

The session proceeds to statements by Sam Jacobs on behalf of the Trades Union Congress (TUC) and Scottish Trades Union Congress (STUC).

From the union perspective, Mr Jacobs says, the decision-making process was one which "no doubt had its deficiencies" but in Scotland was nonetheless underpinned by a process of meaningful consultation and partnership which was welcome.

He says it is impossible not to frame the Scottish (and that of Wales and Northern Ireland in due course) as a counterpoint to that of Westminster.

The KC adds that information heard by the inquiry so far in terms of the Scottish government's handling of the pandemic is an "illuminating counterpoint" to the "playground squabbling" of that of Westminster and that so far the inquiry has heard shocking disfunction in the UK response.

Devolution meant Scotland initially followed outdated UK plan, says KC

Danny Friedman KC tells the inquiry the Scottish government, like the UK government, did not systematically assess social and economic inequalities in the context of pandemic planning.

He argues the Scottish government reverted to a system of top-down elite control.

Devolution meant Scotland initially followed an outdated UK plan, he says.

Mr Friedman now turns to the "Four Harms Approach" taken by the Scottish government, which he says was clearer than that which emerged from the UK government.

He warns that advice from the UK's Scientific Advisory Group for Emergencies (Sage) superseded Scottish advice and he argues it remains to be seen how much the Scottish government engaged with disabled people.

The Scottish government often harmed disabled people despite the intent to do otherwise, he says.

'The pandemic took place amidst a crisis of devolution'

BBC

We now move to the opening statement from Danny Friedman KC, who is acting on behalf of two disabled people's organisations: Inclusion Scotland and Disability Rights UK.

Mr Friedman says across the UK it is not enough to recognise the value of disabled people's lives, there must be redistibution of economic resources.

He says the number of disabled people in Scotland may be as high as 35% and health inequalities are some of the highest in Western and Central Europe.

The KC says disabled people were made vulnerable before the pandemic by cuts to benefits and services.

He adds: "The pandemic took place amidst a crisis of devolution."

Background: FM accused of misleading parliament over WhatsApps

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First Minister Humza Yousaf says he has handed over his WhatsApp files

Scottish ministers have revealed the UK Covid Inquiry first asked them for relevant WhatsApp messages nine months ago.

The first minister previously said his government was only asked to submit WhatsApp group messages related to the pandemic in September.

Opposition parties have accused Humza Yousaf and his deputy, Shona Robison, of misleading parliament.

The Scottish government said it was co-operating fully with the inquiry.

• Read more here
• FM handing over 'reams' of WhatsApps to inquiry
• Yousaf quizzed on Covid WhatsApp cover-up claim
• Sturgeon: I was not in any WhatsApp Covid groups