UK Covid-19 Inquiry Latest update: Module 2A

This week, the UK Covid-19 Inquiry held its second preliminary hearing on Module 2A – which will focus on the “core political and administrative decision making relating to the management of the pandemic in Scotland”. Our update about the first preliminary hearing held on 1 November 2022 can be accessed here.

The hearing opened by noting that this week marks the third anniversary of the announcement of the first UK lockdown. It also noted that, by the time of that announcement, the death toll in Scotland had already reached 14 and the Office for National Statistics’ figures indicated that Scotland, at that time, had the highest Coronavirus infection rate in the UK, with an estimated 1 in 240 people infected.

The purpose of the second preliminary hearing in this module was to set out a number of administrative and procedural issues – as done previously for other modules – such as the preparation for oral hearings; the Rule 9 requests made; the witness and hearings timetable; and discussions around expert evidence and the Every Story Matters listening exercise.

The Inquiry also reiterated that it continues to work in conjunction with the Scottish Covid Inquiry, under the Memorandum of Understanding (“MOU”) as published in February this year to develop the operational arrangements for Module 2A. The MOU can be accessed here.

Counsel for Module 2A, Jamie Dawson KC, opened by confirming that there were eight Core Participants in Module 2A, four of whom provided submissions for the preliminary hearing:

• Scottish Ministers (focussing on the MOU and co-operation between the UK and Scottish inquiries)
• Scottish Covid Bereaved (requesting more clarity around the Every Story Matters listening exercise; seeking assurance that clashes between the two inquiries will be avoided; and suggesting organisations and individuals who should be considered for Rule 9 requests or expert input)
• Disability Rights UK & Inclusion Scotland (dealing with, amongst other matters, the procedural and human rights considerations that must be taken into account for Disabled Peoples’ Organisations, as well as appropriate witness requirements and expert evidence)
• Trades Union Congress (“TUC”) and the Scottish Trade Union Congress (“STUC”) (with representations including Rule 9 requests, timetabling, expert evidence and the listening exercise)

The Scottish Covid Bereaved also referred back to previous submissions made in relation to the recent leak of WhatsApp messages involving the former UK Secretary of State for Health, reiterating its call for scrutiny of those messages, and any others, involving all Ministers (including devolved Ministers) who had responsibility for decision making during the pandemic, and that this should be done independently of any media scrutiny.

The TUC/STUC also followed up on its previous submission that the Health and Safety Executive (“HSE”) should be issued with a Rule 9 request for Module 2 (which has been accepted by the Inquiry), to suggest that a Rule 9 should also be issued specifically in respect of Module 2A, on the basis that the position in Scotland, and indeed the HSE’s experience in Scotland, may give rise to different issues, which warrant separate discussion and consideration.

Insofar as Rule 9 requests are concerned, Counsel for Module 2A confirmed that just under 100 requests with relevance to Module 2A have now been sent out, to both individuals and organisations.

In addition, the Inquiry heard that corporate statements have been sought from a number of key organisations in relation to their structures, approach and decision making in the pandemic. The information provided in these corporate statements will form the basis of more specific individual Rule 9 requests.

Counsel indicated a number of documents and responses have already been provided, including from the Scottish Government, which are being reviewed and will inform the next phase of requests and preparations for future hearings as part of Module 2 – insofar as these are relevant, and are not otherwise to be addressed as part of the Scottish Covid Inquiry.

It has also sought input so far from 51 organisations representing different sectors of Scottish society, seeking their views on, amongst other things, the impact of Coronavirus, and of the decision-making in relation to the pandemic as a whole.

The Inquiry confirmed that, on the current timetable, the substantive oral hearings for Module 2A will take place in Scotland, and will commence on a date to be announced between January and February 2024.