UK Covid-19 Inquiry Latest update: Modules 2B and 2C

Earlier this week, the UK Covid-19 Inquiry held its second preliminary hearings on Modules 2B and 2C, which focus on the “core political and administrative decision making relating to the management of the pandemic” in Wales and Northern Ireland, respectively. Our update following the first preliminary hearings held on 1 November 2022 and 2 November 2022 can be accessed here.

During the hearings, Counsel to the Inquiry gave updates about Rule 9 requests, disclosure to Core Participants (“CPs”), expert evidence and planning and timetabling for the rest of the modules. CPs also made submissions on these topics.

During the proceedings for Module 2C, the Chair emphasised that modules such as these, focussing of the devolved administrations, “will not be in any way a side show”.

Counsel for Module 2B, Tom Poole KC, and Counsel for Module 2C, Clair Dobbin KC, opened their respective hearings by confirming the number of Rule 9 requests that had been issued in relation to these modules and jointly with other inquiry modules.

During the hearing for Module 2B, the Inquiry confirmed its commitment to “fearlessly inquire into the impact of the pandemic on at-risk, vulnerable, marginalised and ethnic minority people and groups”. The Welsh Covid Bereaved emphasised that the impact of the pandemic on older people in Wales needs to be properly considered. They submitted that Rule 9 requests should be issued to additional organisations representing this faction of society, which was greatly impacted by the pandemic.

The Northern Ireland Covid Bereaved made a submission that an additional issue should be brought within the scope of Module 2C, which is the impact of “austerity combined with long periods of the absence of a functioning Executive which left the prevailing healthcare system and social care system in a dire state before the pandemic”. They argued that the Inquiry needs to understand that decisions were made in the context of these pre-existing pressures. In order to properly consider the impact of the pandemic in Northern Ireland, the Inquiry needs to have an understanding of the prior state of the healthcare system.

Counsel indicated that draft expert reports had now been received from Professor Ailsa Henderson (dealing with political structures for devolution within the UK) and Professor Thomas Hale (dealing with international data relating to the pandemic). These reports are in the process of being considered by the Inquiry Legal Team. Consideration is also being given to the instruction of reports relating to decision making structures within the Welsh and Irish governments, which was endorsed by all CPs.

The Trades Union Congress repeated its request made during the second preliminary hearing for Module 2A for a Rule 9 request to be issued to the Health and Safety Executive (“HSE”), specifically in respect of Modules 2B and 2C, on the basis that the HSE’s experience in Wales and Northern Ireland, may give rise to distinct issues, which warrant separate consideration. You can access our update about the preliminary hearing for Module 2A here.

The Inquiry confirmed that a commemorative tapestry was to be created, with each panel being designed by a different artist. The tapestry is intended to be moveable to enable it to be transferred to the different hearing locations, with the first panel expected to be unveiled in time for the Module 1 substantive hearings in June 2023.

The Inquiry also confirmed that, on the current timetable, a list of issues in both Modules 2B and 2C will be produced by 12 May 2023. The substantive oral hearings for Module 2B are intended to take place in Wales, and will commence on 26 February 2024 lasting for 3 weeks, with the substantive oral hearings for Module 2C taking place over 3 weeks in April 2024. Despite concerns raised by CPs in both modules, including the Covid Bereaved and the Welsh Government, that 3 weeks was not long enough to enable sufficient scrutiny, Counsel provided assurances that 3 weeks was sufficient given that the hearings for Modules 1 and 2 will have preceded these hearings. Each module is also expected to have a further preliminary hearing later this year.

Further reading

Our Inquiries & Investigations team have written extensively about the Covid-19 Inquiry. Read the previous articles in the series on our dedicated Covid Inquiry Hub.