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Live Reporting

Edited by Paul McLaren

All times stated are UK

  1. UK Covid Inquiry: The headlines

    The UK Covid Inquiry has adjourned for the weekend. If you're just joining us here are the headlines from today's evidence:

    • The inquiry heard official confirmation that the former First Minister Nicola Sturgeon did not keep any of her WhatsApp messages or texts during the Covid pandemic
    • The messages were deleted in routine tidying up of inboxes or changing of phones
    • Sturgeon's deputyJohn Swinney's WhatsApp messaging was set to auto-delete
    • Lesley Fraser, who is the director general corporate of the Scottish government, told the inquiry that she did not accept that the Scottish government's record retention policies were not fit for purpose during the pandemic
    • She did say she would accept the "hurt and frustration" about not being able to access WhatsApp messages and the policies should be reviewed
    • Former top civil servant Ken Thomson, the second witness this morning, said it was "very rare" for the first minister to message him
    • National Clinical Director Jason Leitch messaged that "WhatsApp deletion is a pre-bed ritual"
    • The relationship between Sturgeon and Johnson "had not been built up in peacetime"
    • Nicola Sturgeon feared England moving restrictions from Stay at Home to Stay Alert would be "catastrophic"
    • Sturgeon said she would decide the messaging in Scotland, not Boris Johnson
    • Public Health Scotland witnesses pointed out the Nike conference in Edinburgh "was not ground zero" for the pandemic here, though it was the first recognised outbreak
    • A Public Health Scotland report found a single case among the 71 delegates led to 38 further infections

    That ends today's live coverage of the UK Covid Inquiry in Edinburgh. Today's editor was Paul McLaren.

    The writers were Paul O'Hare and Craig Hutchison.

  2. Nike conference outbreak 'not Ground Zero of pandemic in Scotland'

    Dr McMenamin says there was remarkable detective work looking at the different variants of Covid-19 of the time.

    The Nike conference outbreak in Edinburgh was not Ground Zero, however. Rather, it was just one of hundreds of outbreaks, he says.

    Scotland's first recognised outbreak of Covid, which was traced to the Nike conference, did not result in community transmission of the virus, according to a Public Health Scotland report.

    It found a single case among the 71 delegates led to 38 further infections.

    It was reported to Health Protection Scotland on 2 March that year, the day after Scotland's first confirmed case of the virus was announced.

    Dr McMenamin agrees the virus was probably spreading around the country in February 2020.

    Jamie Dawson KC says with the Nike outbreak there was an apprehension something was being hidden from the public.

  3. Expert recalls 'scary' potential for mass deaths

    Dr McMenamin tells the inquiry everyone at Public Health Scotland has "deep regret" about care home deaths and expresses his sympathies to the families who lost loved ones.

    He says: "In practice, what we had at the time was something that was scary because of the large number of potential deaths that we may go on to see."

    Dr McMenemin adds PHS staff offered the "best advice at the time" and changed it as new information became available.

  4. Hospital discharges 'not the dominant driver of increased infections'

    Jamie Dawson KC says it ought to have been known that care homes had poor infection control.

    Dr Phin points out the potential transmission was high and at least some care home outbreaks were caused by discharge of hospital patients to care homes.

    He explains, the bigger the care home the more potential for outbreaks to occur.

    However, he points to a 2022 report which said that although hospital discharges to care homes without testing early in the pandemic was likely to have caused some outbreaks, it was not the dominant driver.

    In fact, the study related to English care homes found care home staff and visiting professionals were probably the cause of the introduction of infections, says Dr Phin.

  5. Ministers took over final say on Covid guidance in March 2020

    Dr McMenamin says the key responsibility for public health guidance shifted from officials to politicians after emergency powers were introduced in response to the crisis.

    As the pandemic took hold in March 2020, Scottish ministers were granted the final sign-off on guidance devised to halt the spread of the virus.

    Dr McMenanmin says: "That is a key distinction to make before the institution of the emergency powers and the period that preceded it"

  6. PHS says testing regime was incredibly clinically challenging

    Jamie Dawson KC turns his questioning to early care home-related guidance.

    Dr McMenamin says guidance spanned the period from March 2020 onwards and his colleagues in PHS were looking at whatever guidance was required in each setting.

    He explains the guidance had to be provided rapidly so advice could be pulled together for care homes.

    The PHS representative says the testing regime was incredibly clinically challenging, he says.

  7. What is the NIMT?

    Jamie Dawson KC has repeatedly asked about the NIMT group.

    So what is the NIMT?

    The National Incident Management Team provided advice to a group made up of the Scottish government’s chief advisers and lead officials representing the “four harms” strategy and observers from local government.

    This group helped form recommendations for ministers on allocation of restriction levels, which were discussed with the relevant local authorities, and then agreed by the Scottish Cabinet on 24 November 2020.

  8. Covid concerns 'ramped up' in first weeks of 2020

    Dr Jim McMenanmin is asked what advice was being given to the Scottish government about the nature of the threat in the first two months of 2020.

    He tells the inquiry there was a "ramping up of concern across the month of January and February" from the Public Health Scotland National Incident Management Team (NIMT).

    Dr McMenamin says this was driven by the the fact Covid was "not just an isolated problem confined to the shores of China" but rather one that was having an impact closer to home, notably in Italy.

    He also highlights that the first Scottish case was not confirmed until 1 March.

  9. Public Health Scotland did not have powers to enforce Covid quarantines

    We're back after a brief break, with Jamie Dawson KC asking about Public Health Scotland (PHS) and its relationship with the Scottish government.

    Dr Nick Phin explains there was an expectation that they would be going out to check on people to make sure they were in quarantine.

    "That was not possible, we didn't have the legal powers," Dr Phin says.

    He adds being in the room with ministers and being able to clarify things would have been beneficial.

  10. WhatsApps and Sturgeon v Johnson: The headlines so far

    boris johnson and nicola sturgeon

    If you're just joining us on what has been a hugely important day at the inquiry, here are the headlines so far:

    • The inquiry heard official confirmation that the former First Minister Nicola Sturgeon did not keep any of her WhatsApp messages or texts during the Covid pandemic
    • The messages were deleted in routine tidying up of inboxes or changing of phones
    • Lesley Fraser, who is the director general corporate of the Scottish government, told the inquiry that she did not accept that the Scottish government's record retention policies were not fit for purpose during the pandemic
    • She did say she would accept the "hurt and frustration" about not being able to access WhatsApp messages and the policies should be reviewed
    • Former top civil servant Ken Thomson, the second witness this morning, said it was "very rare" for the first minister to message him
    • National Clinical Director Jason Leitch messaged that "WhatsApp deletion is a pre-bed ritual"
    • The relationship between Sturgeon and Johnson "had not been built up in peacetime"
    • Nicola Sturgeon feared England moving restrictions from Stay at Home to Stay Alert would be "catastrophic"
    • Sturgeon said she would decide the messaging in Scotland, not Boris Johnson.
  11. Infection control in social care 'did not start from scratch'

    Jamie Dawson KC turns to infection control in social care settings.

    Mr Dawson refers to Antimicrobial Resistance & Healthcare Associated Infection (ARHAI) Scotland.

    This is a clinical service providing national expertise for infection, prevention and control, antimicrobial resistance and healthcare associated infection for Scotland.

    Dr McMenamin says the priority and principal focus of ARHAI was always to be healthcare settings.

    Mr Dawson points out there were many deaths in social care at the start of the pandemic.

    Dr Phin says there were well-established processes around infection control within the social care setting and they were not starting from scratch at the start of the pandemic.

  12. Public Health Scotland staff worked 14-hour days, seven days a week

    Dr McMenanmin tells the inquiry that Health Protection Scotland - which later became Public Health Scotland - was pushed to breaking point in the first three months of 2020.

    He says it became common for staff to work 12-14 hour days for seven days a week.

    Dr McMenanmin adds it was a "significant effort" and said he would be forever grateful for the efforts of his colleagues.

  13. 'We don't want to freeze our audience'

    lady hallett

    Lady Hallett interjects to make a comment about the heating system within the inquiry room.

    She says: "I think the public gallery look like they're being frozen. We don't want to freeze our audience. Can someone sort that out please?"

    "I did warn you about coming to Scotland," jokes Jamie Dawson KC.

    The inquiry chair says she was expecting the cold, but not indoors.

  14. Good collaboration between Scottish and UK scientific agencies

    Dr Nick Phin, left, and Dr Jim McMenamin
    Image caption: Dr Nick Phin, left, and Dr Jim McMenamin

    There's now a bit of a contrast between how health agencies in all parts of the UK worked together compared to governments.

    Dr Jim McMenamin, from Public Health Scotland, tells the inquiry: "In peacetime, outwith a pandemic setting, there was very good working relationship with what was Public Health England which became the UK Health Security Agency."

    He says there was no difficulty about gaining information from England or UK-based agencies.

    Dr McMenamin explains they were using the relationships that were well established to keep the five nations (including the Republic of Ireland) about what was developing.

    The collaboration worked as well as one could expect, he says.

    Dr Phin, who previously worked for Public Health England, agrees.

  15. Two witnesses from Public Health Scotland now giving evidence

    Dr Jim McMenamin, who is the head of infections service and strategic incident director of Public Health Scotland, and Dr Nick Phin, the current director of Public Health Science for Public Health Scotland, will now give evidence together.

  16. 'Indy is back'

    Jamie Dawson KC now refers to a note Mr Thomson wrote saying "Indy is back" and he asks if the deputy first minister at the time, John Swinney, was making it clear that the policy to pursue independence again was the priority.

    After a moment, Lady Hallett says the question is a simple one: Did Mr Thomson get the impression that "indy is back" from a Scottish government minister?

    Mr Thomson replies he does not recall that being part of the discussion with the deputy first minister.

    Inquiry counsel Mr Dawson asks if the focus of the Scottish government remained on the Covid pandemic and not independence.

    Mr Thomson says his work remained dominated by Covid and to some extent by Brexit.

  17. Did Scottish ministers 'politicise' the Covid crisis?

    Mr Thomson is asked about the minutes of a Scottish Cabinet meeting on 30 June 2020.

    It includes an entry which states: "Agreed that consideration should be given to restarting work on independence and a referendum, with the arguments reflecting the experience of the coronavirus crisis developments on EU exit."

    Mr Dawson asks if this entry was indicative of the fact the Cabinet wished to "politicise" the global health crisis.

    Mr Thomson says constitutional work had been paused due to Covid but as the situation improved it began to resume.

  18. 'Cobra is a shambles'

    Jamie Dawson KC refers to a note from Liz Lloyd, Nicola Sturgeon's former chief of staff, which said "Cobra is a shambles" and "repeated calls for assurance ignored by PM".

    Mr Thomson explains the approaches between Scotland and England diverged on 10 May 2020.

    He points out the divergence between England's tiers and Scotland's levels and he says his aspiration for greater alignment between the four nations was not realised.

  19. Who controls the border?

    In relation to the rules and guidance being different in Scotland and England, Mr Thomson is asked about border controls.

    He tells the inquiry it is reserved at Westminster in relation to immigration, nationality and the regulation of international trade.

    But he adds border controls in relation to public health are devolved to Holyrood.

  20. 'The two governments were pulling apart'

    Mr Thomson is asked about an email he wrote to the first minister as England and Scotland began to diverge on Covid restrictions.

    Jamie Dawson reads from the email which outlined the purpose of the four nations approach.

    Mr Thomson explains he was offering Nicola Sturgeon advice because "the two governments were pulling apart in their ability to align and share".

    He said there was an opportunity to pull together and explain what each government was trying to do.

    The former civil servant says the bandwith of the relationship was inadequate at this time.