Covid Inquiry: playing our part

Covid 19 was the most devastating pandemic in recent times. More than 17,700 people have died in Scotland after being infected with Covid-19. As the Covid-19 Inquiry website states: “Many of those who died were unable to say goodbye to their loved ones. Thousands more are still living with the pandemic’s legacy, including those with long Covid and others who continue to experience mental ill-health due to the pandemic and the restrictions imposed”.

In December 2021, John Swinney, then the Deputy First Minister, announced that an inquiry would be carried out to establish the facts and learn the lessons of the response to the pandemic in Scotland between 1 January 2020 and 31 December 2022 and to prepare Scotland to deal with future health emergencies. 

The inquiry was officially established on 28 February 2022, and in October 2022 Mr Swinney announced that Lord Brailsford would chair the inquiry following the resignation of Lady Poole for personal reasons on 30 September. On 28 October, following a period of consultation, the inquiry’s terms of reference were updated, including a human rights-based approach.

The inquiry is an independent statutory public inquiry under the Inquiries Act 2005, set up to investigate the strategic devolved response to the pandemic in Scotland. It will consider the impact of the pandemic, then the implementation of measures and, finally, key decision-making. The inquiry will adopt a thematic approach, focusing on three key themes: the provision of health and social care; education and young people; and business, financial and welfare support, as set out in the scope section of the terms of reference.

Following its investigation, the inquiry will report its findings and recommendations to Scottish ministers as soon as practicable.

Powers and procedures

The Inquiries Act 2005 and the Inquiries (Scotland) Rules 2007 contain the legal provisions about terms of reference, and powers to summon witnesses to give evidence on oath and compel production of documents. The chair of the inquiry, Lord Brailsford, acts in an independent capacity, supported by the secretariat, legal team and counsel to the inquiry.

Lord Brailsford is responsible for implementing the inquiry’s terms of reference and deciding its procedures, subject to a statutory duty to act fairly while avoiding unnecessary costs. He supervises the running of the inquiry and will ultimately write its reports. It is important to note that the chair cannot make any findings of civil or criminal liability, nor can he award any compensation.

The public impact hearings on issues concerning health and social care started on 24 October and will run until 8 December 2023. There have been testimonies from people severely affected by the pandemic, including those who lost family members or friends, or those who were separated from relatives living in care homes, those suffering from long Covid, and frontline social care and healthcare workers. Recognising the traumatic impact on the people affected, the inquiry has adopted a trauma-informed and human rights-based approach to its investigations and its hearings. The inquiry will take evidence from Scottish ministers and other key decision-makers later in its proceedings.

Taking part

The inquiry wants to hear from all those affected by the pandemic. It has created a listening project, “Let’s Be Heard”, which encourages as many people as possible to share how they were affected, and the lessons they believe should be learned. It is possible to participate anonymously.

Along with 38 other organisations, the Law Society of Scotland is a core participant in the inquiry. Core participants have a central role in public inquiries and are afforded particular rights, as explained in the inquiry’s Core Participant Protocol, including:

• making statements when the inquiry holds public hearings, unless the chair directs otherwise; 
• proposing questions for counsel to the inquiry to ask witnesses; 
• with the chair’s permission, asking questions of witnesses at a public hearing; and
• being provided with advance copies of the inquiry’s reports relating to their interest in the inquiry.

It is not necessary to be a core participant for anyone to be involved in the inquiry. Anyone can give an account of personal experiences or submit evidence. If you want to contribute, visit the Get Involved section of the inquiry website to find out other ways to engage, such as sharing your experiences and the lessons you believe should be learned through Let’s Be Heard.