Scottish Covid Inquiry: Day one defined by high promises and low accusations

The chair of the Scottish Covid Inquiry has promised to lead “a robust investigation” – but families of the bereaved have described the delayed and over-budget inquiry as “shambolic”.

The first day of the Scottish Covid Inquiry was marked by promises and accusations, as the chair of the inquiry said he would lead a “robust investigation”, while families of the deceased described the inquiry as “shambolic”.

The inquiry, which has been set up “to establish the facts and learn the lessons of the strategic devolved response” to the Covid pandemic in Scotland, has already cost taxpayers more than £8 million, despite only holding a preliminary hearing on Monday.

During the hearing, the inquiry’s chair, Lord Brailsford, paid tribute to those who had lost loved ones or had been severely impacted by the events between January 1, 2020 and December 31, 2022.

Alexandra Anderson, Head of Let’s Be Heard, and Lord Brailsford, chair of the Scottish COVID-19 Inquiry, at the Royal College of Surgeons of Edinburgh . Pic: Stewart Attwood

“The Covid-19 pandemic presented the most severe health crisis in living memory – it affected everyone,” Lord Brailsford said.

Those who lost loved ones to the virus were among the audience at Murrayfield Stadium in Edinburgh, as the hearing opened with an 11-minute video featuring photographs of those who had died from Covid-19, and included quotes from frontline workers and impacted families.

Lord Brailsford then set out how the inquiry will proceed, with formal hearings commencing from October 24 until December 18. Those adversely affected by the health and social care response will provide witness testimonies.

The Scottish inquiry will then pause public hearings until February 2024 to allow the UK inquiry to conduct its Scottish-based evidence sessions.

John Swinney, seen with Nicola Sturgeon, has insisted there was 'absolutely no political interference' in the Scottish Covid inquiry (Picture: Andy Buchanan/AFP via Getty Images)

“I will conduct a robust investigation without fear or favour that will arrive at the facts, identify any lessons that need to be learned and make recommendations for Scottish ministers so that we are better prepared in the event of any future pandemic,” Lord Brailsford said.

“I will not take sides and I will act with fairness towards all parties involved in the inquiry process.”

Stuart Gale, co-lead counsel of the inquiry, said he and Lord Brailsford had heard “distressing accounts” from bereaved families.

“We will not hold back in stating and considering anything we consider to have been mistakes in the strategic decision-making process,” he said.

High Court judge Lady Poole stepped down from the Scottish Covid inquiry a day after four members of the legal team quit

Aamer Anwar, a human rights lawyer and the lead solicitor on behalf of Scottish Covid Bereaved, a group of grieving families, was critical of efforts to match the Scottish Inquiry with its UK equivalent.

“In the last year, this inquiry has spent nearly £8m, so the very least the families were entitled to expect was a gold plated and fearless inquiry, no different to the UK inquiry,” Mr Anwer said.

“Sadly their experience has been the exact opposite, one of a shambolic, embarrassing and third-rate inquiry.

“The families we represent were promised firstly by the Scottish Government, then the first chair who resigned, followed by Lord Brailsford, that they would be front and centre of a robust and independent public inquiry. Shamefully that has not happened.”

During a visit to the Riverside Museum in Glasgow, First Minister Humza Yousaf expressed his “sympathies” with those who had lost a loved one to the virus. Mr Yousaf also said he would “co-operate fully” with the inquiry after serving as health secretary during the pandemic.

“The Government absolutely is right to be scrutinised for the decisions that we made,” he said. “I’ll account for all of the decisions that were my responsibility and I know, of course, those that have been in government prior to me have also said they will fully co-operate.”

Lord Brailsford also issued “do not destroy” letters to organisations and relevant individuals, urging WhatsApp, texts and emails to be retained for evidence. The independent inquiry, which is funded by the Scottish Government, has already faced considerable delays.

In December 2021, then deputy first minister John Swinney announced Lady Poole would chair the inquiry. The official set up date for the inquiry was February 28, 2022

However, Lady Poole resigned the following October, citing personal reasons. Lord Brailsford was then appointed chair, and the inquiry's terms of reference were published, after being amended to make explicit reference to a human rights-based approach.

The total cost of the Scottish inquiry to June 30 was £7.8m.

A spokesman for the Scottish Covid-19 Inquiry said: "Costs involved with establishing and running an inquiry include staffing and infrastructure, such as IT systems, equipment, premises, and resourcing the legal, policy and other teams required to investigate the devolved strategic response to the pandemic.

"The legal team continues to carry out investigations and gather evidence.”

Under the terms of the Inquiries Act 2005, an inquiry started by one government within the UK cannot investigate decisions made by another government without its permission.

As a result, Westminster-led initiatives such as the furlough scheme and the Eat Out To Help Out scheme, which offered incentives for customers to dine in restaurants last summer and had been said to have driven a rise in cases in some areas, won’t be investigated by the Scottish Covid Inquiry.

During the panic of the first wave of Covid-19, patients were discharged from Scottish hospitals into care homes despite having coronavirus infections. The role of these discharges in the subsequent deaths of so many care home residents, and who is responsible, will form part of the Scottish Covid-19 Inquiry.

Nicola Sturgeon’s leadership legacy during the pandemic will likely hinge on the findings of the inquiry, and whether her decisions helped or hindered the nation.

The former first minister has already admitted the way residents were discharged from hospital without a Covid test was a “mistake”, adding “the number of people who died were too many and we got some things wrong and I feel the responsibility of that every single day”.

Ms Sturgeon has insisted, however, that decisions were made “with the benefit of knowledge we have now, but did not have then”.