Ministers have issued the terms of reference of the public inquiry into the handling of covid-19 in Scotland and named the judge who will lead the review.

The statutory inquiry will be presided over by Lady Poole and will investigate 12 aspects of the handling of the pandemic from the 1^st of January 2020 onwards.

Areas of focus will include hospital discharges to care homes, the treatment of people in care, the use of ‘do not resuscitate’ orders and PPE supplies.

It will also examine the pandemic planning that took place prior to 2020.

Deputy First Minister, John Swinney, says the remit has been set after public engagement, including hearing testimony from families, friends and colleagues of those who died:

“From my own and the First Minister’s interactions with Lady Poole, I am in no doubt that she has the necessary leadership skills, integrity and deep technical knowledge to undertake this inquiry. Her expertise in administrative and human rights law is exactly in line with our expectations of a human rights-based approach to the inquiry.

“We are committed to working with the UK government to develop the approach to the UK-wide inquiry and expect the chair of the Scottish public inquiry to coordinate with the chair of the UK-wide inquiry.”

Lady Poole says she is honoured to have been appointed to lead the independent public inquiry into the tragedy of the pandemic:

“The inquiry will work independently to establish the facts in an open and transparent way in order to determine what lessons can be learned for the future.

“There is a great deal to be done in a short space of time. I will continue to give considerable thought as to how best to conduct the inquiry to ensure it fully achieves its aims, including a careful and thorough examination of the terms of reference.

“My immediate focus will be on getting the right people in place to support me and establishing the necessary systems, processes and information flows needed to allow the inquiry to function efficiently and deliver as quickly as possible. Work has already begun on this.”

Lady Poole says the exact details of how she will run the inquiry are still being developed but there will definitely be a public website and opportunities for people to submit both written and oral statements throughout the inquiry.

The Scottish investigation, which will only address Scottish specific matters, is likely to take place in parallel with a similar UK wide inquiry and will take ‘reasonable efforts’ not to duplicate investigations and evidence gathering.

 

The full terms of reference published by the Scottish government for the inquiry are:

Aim

The aim of this inquiry is to establish the facts of, and learn lessons from, the strategic response to the COVID-19 pandemic in Scotland

Scope

To investigate the strategic elements of the handling of the pandemic relating to:

a) pandemic planning and exercises carried out by the Scottish Government

b) the decision to lockdown and to apply other restrictions

c) the delivery of a system of testing, outbreak management and self isolation

d) the design and delivery of a vaccination strategy

e) the supply, distribution and use of Personal Protective Equipment

f) the requirement for shielding and associated assistance programmes, provided or supported by public agencies

g) in care and nursing homes: the transfer of residents to or from homes, treatment and care of residents, restrictions on visiting, infection prevention and control, and inspections

h) the provision of healthcare services, including the management and support of staff

i) the delivery of end of life care and the use of DNACPR (do not attempt cardiopulmonary resuscitation decisions)

j) welfare assistance programmes, for example those relating to benefits or the provision of food, provided or supported by public agencies

k) the delivery of education and certification

l) financial support and guidance given to businesses and the self-employed, including in relation to identification of keyworkers, by public agencies

Reporting

• To create a factual record of the key strategic elements of the handling of the pandemic
• To identify lessons and implications for the future, and provide recommendations
• To provide reports to the Scottish Ministers as soon as practicable

Interpretation

When interpreting and applying these terms of reference:

• a) in relation to points 2(b) to 2(l), investigations will cover the period between 1 January 2020 and 31 December 2022
• b) the inquiry will, as the chair deems appropriate and necessary, consider the impacts of the strategic elements of handling of the pandemic on the exercise of Convention rights (as defined in Section 1 of the Human Rights Act 1998)
• c) the inquiry can consider only “Scottish matters” as defined in section 28(5) of the Inquiries Act 2005
• d) the inquiry respects the independent role of the Lord Advocate in relation to the prosecution of crime and the investigation of deaths in Scotland
• e) the inquiry must make reasonable efforts to minimise duplication of investigation, evidence gathering and reporting with any other public inquiry established under the Inquiries Act 2005

 

Read more: Government review admits care home ‘search for blame’; Private care homes set out covid inquiry demands; NHS left with less than 24hr PPE supply

 

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