Summary

  • The UK Covid Inquiry has completed its three-week sitting in Edinburgh

  • In closing submissions Claire Mitchell KC, for the Scottish Covid Bereaved, says the Scottish government showed a "lack of urgency" at the start of the outbreak

  • She argues that there was a "culture of secrecy" and that the bereaved have been "robbed" of answers by the deletion of WhatsApp messages by ministers and advisers

  • Geoffrey Mitchell KC, for the Scottish government, acknowledges the "consternation" from the inquiry and the public, and says lessons must be learned

  • Earlier, Scottish Secretary Alister Jack said he deleted all his WhatsApp messages in 2021 to free up storage capacity on his phone

  • The UK government minister says he regrets doing so, but that he did not take government decisions by WhatsApp

  • He also says he does not believe the emotional evidence from Nicola Sturgeon, who said yesterday that she put aside her political convictions during the pandemic

  • Asked about those emotional exchanges with the former first minister, Jack says: "She could cry from one eye if she wanted to"

  1. What happened today?published at 13:30 Greenwich Mean Time 1 February

    That concludes our live coverage of the UK Covid Inquiry's hearings in Edinburgh. Here's a recap of the headlines from today's session:

    • Scottish Secretary Alister Jack deleted all of his WhatsApps from during the pandemic
    • The Conservative UK minister said he erased his files to free up storage capacity on his phone
    • Jack told the inquiry: "I didn't delete some of my WhatsApp messages, I deleted all of them"
    • He expressed "regret" and said he would have not done so if he could "turn the clock back"
    • Jack also said he did not believe Nicola Sturgeon when she denied trying to politicise the pandemic
    Media caption,

    Sturgeon could 'cry from one eye if she wanted' - UK minister

    • The Scottish secretary said he had seen her emotional evidence but felt "she could cry from one eye if she wanted to"
    • Jack says he felt the Scottish government found ways to do things differently during the pandemic as a "political manoeuvre"
    • The inquiry heard moving closing submissions from the KCs for Scottish Covid Bereaved, Inclusion Scotland and Disability Rights UK, the National Police Chief's Council and the Scotish government
    • Lady Hallett brought the session to a close by thanking the Scottish people, the witnesses and everyone involved in the Covid inquiry

    Thank you for joining us over the last three weeks. Today's editors were Paul McLaren, Holly Wallis and Graeme Esson. The writers were Tariq Habte, Ashleigh Keenan-Bryce and Craig Hutchison.

  2. Closing commentspublished at 13:18 Greenwich Mean Time 1 February

    Lady Hallett has made her closing comments.

    She will work with her team to begin drawing up a report which will be published as soon as possible.

    She says it's a UK Covid Inquiry and that's why she's glad it has come to Scotland.

    Lady Hallett thanks the people of Scotland, the witnesses and everyone involved in the Covid Inquiry.

    The Inquiry will move on to Cardiff in Wales next.

  3. Scottish government KC thanks Scottish peoplepublished at 13:07 Greenwich Mean Time 1 February

    The Scottish government KC says that in future, devolved governments should be true partners when decisions are taken at a UK level that affect devolved nations.

    Mitchell then thanks Lady Hallett, her team and staff for coming to Scotland.

    He also thanks the witnesses, the many Scottish government employees who worked tirelessly throughout the pandemic.

    Mitchell says: "And most of all we thank the people of Scotland for their trust, forbearance, co-operation and fortitude during a very difficult and at times very dark period in our nation's history."

  4. Covid measures affected most vulnerable in Scotland, says KCpublished at 13:05 Greenwich Mean Time 1 February

    Geoffrey Mitchell KC says that decisions taken by the Scottish government were not made easily.

    He says the Scottish government acklowdges that public health measures implemented during the pandemic, "caused harm, exacerbated inequalities and disproportionately affected the most vulnerable people in Scotland".

    He adds that ministers sought to minimise harm to all in society and in particular, the vulnerable.

  5. 'Scottish government must learn lessons on informal messaging'published at 13:02 Greenwich Mean Time 1 February

    Geoffrey Mitchell KC is now telling the inquiry: "It is right and proper that the Scottish government acknowledges both the inquiry's and the public's consternation with regard to informal messaging use during the pandemic."

    He continues: "It is clear to the Scottish government that it must learn lessons in this area."

    Mitchell points out the current First Minister Humza Yousaf has announced a review into informal messaging.

    He insists the Scottish government's approach during the pandemic was different to that in England for "good reason" and not just to be different.

  6. Analysis

    Bereaved families left with many questionspublished at 12:57 Greenwich Mean Time 1 February

    Lisa Summers
    BBC Scotland health correspondent

    Those who have lost loved ones to Covid and who have come in person to these hearings every single day say it has been emotionally difficult at times to be in the room.

    Not least because it brings back memories of devastating experiences, but they are also frustrated and angry.

    Many ministers and officials, including the former first minister, deleted informal messages like WhatsApps.

    In her closing statement on behalf of Scottish Covid Bereaved, Claire Mitchell KC said that instead of being able to understand the context in which decisions were made, bereaved families were no closer to the answers they sought, and were left wondering what the government had to hide?

    There are still many areas to be explored in later modules of the inquiry. But as these hearings come to an end, families still want to know why the Scottish government did not act more quickly, despite warnings? Why did it not use powers to lockdown sooner? And did officials understand that decisions to transfer patients from hospitals to care homes or exclude relatives from visiting loved ones would have such significant consequences?

  7. Mistakes were made, government lawyer sayspublished at 12:56 Greenwich Mean Time 1 February

    Geoffrey Mitchell KC accepts mistakes were made by the leadership during the pandemic, adding: "The Scottish government acknowledges it did not get everything right."

    He added "different decisions would be taken today" but there was "no single way to respond".

    He points to the mistakes made in decision-making across the UK as evidence.

  8. Scottish government lawyer pays tribute to bereavedpublished at 12:54 Greenwich Mean Time 1 February

    The inquiry is now hering from Geoffrey Mitchell KC for the Scottish government, who begins by paying tribute to the bereaved and those people who have suffered from long Covid and mental health issues as a result of the pandemic.

    Mitchell tells the inquiry: "On behalf of the Scottish government we pay tribute to the representatives of Scottish Covid Bereaved who have attended these hearings over the last three weeks.

    "We also pass our deep sympathies and condolences to the others, the many thousands, who have lost loved ones, who have suffered and continue to suffer."

  9. Police Scotland should be commended, says KCpublished at 12:50 Greenwich Mean Time 1 February

    Rory Phillips KC continues, saying Police Scotland set up an extensive "lessons learned" exercise for best practice going forward.

    Phillips then closes his remarks, saying the force should be commended and not criticised for the way they met the challenges they faced during the pandemic.

  10. Policing by consent was successful in Scotland, inquiry toldpublished at 12:48 Greenwich Mean Time 1 February

    The inquiry turns ifs focus to Police Scotland and its strategy during the pandemic.

    A Four E policy introduced early on was intended as an easy-to-remember guide, covering:

    1. Engagement
    2. Explanation
    3. Encouragement
    4. Enforcement

    Rory Phillips KC, for the National Police Chief's Council, tells the inquiry the police never wavered from policing by consent.

    Enforcement remained a last resort and data suggests the guidance was effective and successful, says Philips.

    "The vast majority of encounters were resolved before the fourth E, enforcement, was reached."

    He says at least 88% of encounters were resolved short of enforcement.

    The KC adds the current first minister, Humza Yousaf, says the figure might be as high as 94%.

  11. We all are vulnerable to some degree at some time, says lawyerpublished at 12:37 Greenwich Mean Time 1 February

    Friedman continues to address the inquiry, saying: "The principle value of good government should be to care about caring and being cared for.

    "The evience in this inquiry lays bare that the pandemic and its counter-measures were wretchedly unjust."

    The KC points out that "we all are vulnerable to some degree at some time", adding the inquiry must find ways to enable the ethics and practice of mutual care to become more possible and more sustainable.

  12. 'Serious shortcomings in data affected disabled people'published at 12:34 Greenwich Mean Time 1 February

    Danny Friedman KC outlines the "serious shortcomings" in data collection that affected disabled people in Scotland during the pandemic.

    It's described as being "still in the foothills".

    Friedman says the failures mean new insights are unable to be created.

    He describes the shortcomings as reflecting adult care and how, "the uncounted count for less'.

  13. 'Disabled people of Scotland endured a pandemic paradox'published at 12:28 Greenwich Mean Time 1 February

    Danny Friedman KC says in the Scottish model, sub groups were made for race, ethnicity and children, but not for people with disabilities.

    "Disabled people of Scotland therefore endured a pandemic paradox, in that their situation was that they were silmultaneously recognised and overlooked by government.

    "In that respect, the weakness of the Scottish model and style of politics is revealed."

    The government's priority was on health harm and a medical model of saving life and was not on the prevention of social harm, he says.

  14. Fears were raised over Scotland's care home plans - KCpublished at 12:27 Greenwich Mean Time 1 February

    The inquiry hears that there were fears that Scotland lacked the infrastructure and resources to discharge plans for those in care homes.

    A lack of proper data and resourcing meant alternative plans could not be considered, including options for "cocooning" the vulnerable instead of nation-wide lockdowns.

  15. KC says protection of people with disabilities was not solid enoughpublished at 12:23 Greenwich Mean Time 1 February

    Now to Danny Friedman KC, the lawyer who has been acting on behalf of two organisations - Inclusion Scotland and Disability Rights UK.

    Friedman says the protection of people with disabilities was not solid enough during the pandemic.

    He says: "The notion that no-one should be left behind was effectively thwarted before the crisis started.

    "That situation produced a chain reaction across all aspects of decision making in government services."

  16. Key recommendations suggested to the Inquirypublished at 12:18 Greenwich Mean Time 1 February

    Claire Mitchell KC outlines a number of recommendations from the Scottish Covid Bereaved, including:

    • To establish a system to account for funds spent by Scotland
    • Urgent review of systems and processes of Scotland care homes
    • Scotland to have its own testing facility
    • Change in policy in retaining electronic communications
    • Change to Freedom of Information policy to include ministers and not just civil servants
    • An overarching health structure to be put in place
    • Improvement in healthcare data, particularly around adult care homes
  17. 'What is trying to be hidden?'published at 12:16 Greenwich Mean Time 1 February

    The KC for the Scottish Covid Bereaved, Claire Mitchell, is now commenting on the advisers to former FM Nicola Sturgeon - the then chief medical officer Dr Catherine Calderwood, her replacement Dr Gregor Smith and Scotland's national clinical director Professor Jason Leitch.

    "Were they the right experts to help a government fight a deadly disease such as Covid-19?"

    She goes on to say WhatsApp deletion was symptomatic of government secrecy.

    The Scottish Covid Bereaved are left with a question: "What is trying to be hidden?"

  18. Mistakes made in Edinburgh and London, argues counselpublished at 12:10 Greenwich Mean Time 1 February

    Claire Mitchell KC is arguing that mistakes in the response to the pandemic were made by government officials in Edinburgh and Westminster.

    She lists a failure to learn from previous outbreaks, and shortfalls in pandemic preparedness and the testing regime as some of the most significant oversights.

  19. Serious issues 'overshadowed' by absence of WhatsAppspublished at 11:59 Greenwich Mean Time 1 February

    Claire Mitchell KC for the Scottish Covid Bereaved group says it was in memory of their loved ones that they campaigned for a public inquiry.

    Mitchell says they did not campaign for this inquiry to discuss WhatsApps and the minutiae of Scottish government guidelines.

    She says serious issues about the pandemic have been "overshadowed by the absence of WhatsApps".

    The lawer says some of the best evidence in Module 2 of the inquiry came from informal messaging.

    "The actions of Nicola Sturgeon, Liz Lloyd, Jason Leitch, John Swinney and others have robbed the bereaved of those contemperaneous messages and with them, answers to questions."

  20. Inquiry's closing submissions beginpublished at 11:50 Greenwich Mean Time 1 February

    That's all from Scottish Secretary Alister Jack now.

    With all witnesses having given their evidence, counsel representing the core participants in the Scottish leg of the inquiry will now begin to give their closing submissions.