5. Opening Statement by Ms Mitchell

Ms Mitchell: My Lady, over the last two years the Scottish Covid-19 Bereaved Families for Justice group have campaigned for a robust, independent and transparent public inquiry into the handling of the pandemic.

The Scottish families welcome the approach of my Lady and the Inquiry in assuring them that their voices will be heard at the UK inquiry and will be heartened this morning to hear the comments that they will be at the heart of this Inquiry.

Today is the start of the process, and the grieving families in Scotland hope that this public Inquiry will be both an effective and credible mechanism to ensure what happened to them will not happen again. We hope to assist the Inquiry to ensure this happens.

Senior Counsel to the Inquiry has set out very broadly the matters to be explored in Module 1. Having spoken to him and the solicitor to the Inquiry, we appreciate that, given the amount of information that’s been processed by the Inquiry at present, no greater specification is possible.

Given this situation, combined with a lack of disclosure to us at present, it’s difficult to know whether all the issues we wish covered will, in fact, be in there. In order to assist the Inquiry, we look forward to disclosure commencing and, where appropriate and possible, a list of issues and/or questions at the earliest opportunity in order that we can assist by flagging up anything that we see as omissions or suggest any additional issues to be dealt with.

We appreciate Senior Counsel to the Inquiry’s comments this morning that he will approach such suggestions from the Core Participants with an open, indeed eager, frame of mind. We’re keen to start working on disclosure, and we hope that, before the further preliminary hearing in early 2023, we’ll be in a position to help the Inquiry in this regard.

I now turn to address four specific issues.

1. The Listening Exercise. As no doubt appreciated by the Inquiry, the ability for individuals to explain how Covid affected them and their loved ones personally is something which is hugely important to the people that we represent in Scotland. My Lady, we welcome the comments in your opening remarks. With regard to the Listening Exercise for those that we represent, it is a crucial part of the Inquiry process and, again, indeed they will be heartened to find out my Lady’s comments on that this morning.

Once the information collected in the exercise is analysed and presented in a report, it will bring considerable value to this Inquiry. We have had constructive meetings with the Inquiry legal team in respect of the Listening Exercise. We do understand that at present there are still a number of matters to be considered and have made some representations already on our views. We look forward to continued discussion in that regard.

We are keen to ensure that there are as many ways as possible to facilitate listening by speaking to someone, providing written response, using technology, or really by whatever means the Inquiry can think of that would be appropriate, and also we are keen to ensure that the people carrying out the process are suitable for that role.

2. Watching proceedings.

It is important to those that we represent to have the opportunity to watch the proceedings, and we note that, thanks to the benefits of technology, proceedings will be placed online with a short time delay. This doesn’t, however, assist those who don’t have computers, don’t have access to Wi-fi, are not tech savvy or simply don’t have the ability to watch online. We would ask that the Inquiry gives consideration to finding places, if you like listening rooms, which could be made available in Scotland so that, with the use of technology, the work of the Inquiry in the hearings could be viewed by people wishing to attend those places. We would ask that consideration be given to this being put in place for the next hearing.

Number(3) The Scottish Inquiry.

The Inquiry has already stated its aim to work alongside the Scottish Inquiry to assure that there is as little duplication of work as possible. We’re glad this morning to hear the memorandum of understanding has been drawn up, and we hope that that will minimise any problems that will arise.

There will however no doubt be issues on which there are queries as to whether or not the matter is properly an issue for the UK Inquiry or Scottish Inquiry. We would ask that we can assist the Inquiry in providing our views, if and when those matters arise.

On a practical note, we would also ask that the Inquiries work together insofar as is possible not to sit at the same time, as those we represent have a direct interest in both inquiries.

4. Memorialisation.

We agree and support the idea of a memorial as mentioned by Senior Counsel to the Inquiry. Under consideration, as we understand it, at present is a commemorative memorial in the future hearing centre. We understand that the hearing centre will be in London, at least for the first module. Particularly in the present financial climate, travelling to London to view a memorial would simply neither be practical nor viable for many people in Scotland. We welcome the comments this morning by senior counsel that consideration is being given to the memorial being mobile, and we would ask that any memorial which is decided upon is capable of being moved so that, when the Inquiry visits Scotland and elsewhere, people have an opportunity to see it.

My Lady, these are the submissions on behalf of the Scottish Covid-19 Bereaved Families for Justice group.

Lady Hallett: Thank you very much indeed, Ms Mitchell. Your constructive support is absolutely very welcome and very much appreciated. So thank you very much. The idea of listening rooms is an excellent suggestion and we’ll certainly look into whether it’s going to be possible. I know a number of people who fall into the category that you have considered who would welcome that kind of opportunity for a listening room. So thank you for that idea, and I can undertake that we will give you as much notice as possible whenever we can.

I’m sorry that people didn’t have that much notice of today’s hearing and the list of issues, but we will give you as much notice as we can as Mr Keith has indicated. So thank you very much indeed.

Ms Mitchell: I’m obliged. That’s helpful, my Lady.

Lady Hallett: Ms Heaven, isn’t it?

Ms Heaven: Thank you, my Lady. I represent the Covid-19 Bereaved Families for Justice Cyrmu, a group dedicated solely to campaigning for robust, independent and transparent scrutiny into the preparation for and response to the pandemic in Wales.

The group has worked tirelessly to give a voice to those bereaved by Covid-19 in Wales, and they are heartened to hear today that the Welsh voices will be at the heart of this Inquiry.

The Covid-19 Bereaved Families for Justice Cyrmu wish to thank the Chair for designating them as a Core Participant in the Module 1 hearings of this public Inquiry, and for the chair’s recognition that they are best placed to assist this public Inquiry to achieve its aims by representing the collective interests of a broad spectrum of those bereaved by Covid-19 in Wales in relation to Module 1.

The Covid-19 Bereaved Families for Justice Cyrmu also welcome the Chair’s very clear commitment to looking at the actions of the devolved administrations. However, as the Chair will be aware, there are still concerns in Wales, and indeed in all of the other devolved administrations, that the preliminary scope of Module 1 does not set out in any detail the issues specific to Wales that ought to be investigated by this public Inquiry.

It is vitally important that the people of Wales can have full confidence that this public Inquiry will scrutinise decision-making in Wales in respect to the pandemic. The group does welcome the chair’s indication that this public Inquiry will come and hear evidence in Wales for certain modules.

Wales is a separate country and, although Wales receives funding from the United Kingdom Government, responsibility for health and social care is devolved to the Welsh Government. Wales has its own healthcare system and NHS Wales is comprised of local health boards and NHS Trusts. There is a Public Health Wales and relevant offices and agencies such as the Office of the Chief Medical Officer and Care Inspectorate are specific to Wales.

Key decisions made in Wales in relation to the Covid-19 pandemic were largely separate to and quite often distinct from those taken by the UK Government. However, Wales does have strong connections with the UK Government and the other devolved governments, and so it will be necessary in Module 1 to unravel the links between these governments and the extent to which they influenced the Welsh Government, whether for good or for bad.

In relation to preparedness, whilst the UK influenza pandemic preparedness strategy 2011 concerned a UK-wide strategic approach to planning for and responding to the demands of an influenza pandemic, the Cabinet Office Guidance of November 2017 on pandemic flu planning made absolutely clear that devolved administrations are responsible for the major areas of pandemic influenza planning and response in their respective countries.

It also made clear that it was the Wales resilience forum chaired by the First Minister for Wales that provides the mechanism for a national multi-agency overview of pandemic preparedness in Wales. There can therefore be no doubt that responsibility for pandemic planning in Wales was largely, if not entirely, in the hands of the Welsh Government.

In relation to Module 1, the Covid-19 Bereaved Families for Justice Cyrmu just wish to highlight a few particular areas of concern that they have that this public Inquiry must scrutinise in relation to Wales in Module 1.

These include whether the level of funding provided to Wales by the UK Government had an impact on the planning, and preparedness in Wales for the pandemic, and the political relations between Wales and the UK Government.

Co-ordination between the UK Government and all the devolved governments and the variation in standards in the approach to preparedness for a pandemic.

The preparedness in NHS Wales in the Welsh hospital estate and in Welsh care homes in respect of infection control measures including segregation, resourcing PPE, stockpiling and distribution, and whether there was adequate or, indeed, any planning in relation to post death procedures to protect dignity and to support the Welsh bereaved in the event of a pandemic.

So the Covid-19 Bereaved Families for Justice Cyrmu will be making further submissions to the public Inquiry on all the procedural matters raised by Counsel To the Inquiry today and after disclosure has been received. However, the Cyrmu group is also of the view that position statements are going to be essential in understanding in an efficient way what happened in Wales in relation to preparedness.

The Covid-19 Bereaved Families for Justice Cyrmu are committed to working with the Inquiry team to assist in developing the Listening Exercise in Wales, and stand ready to work collaboratively with the Chair in developing the scope of Module 1 in relation to Wales.

Thank you.

Lady Hallett: Thank you very much indeed. I do understand the concerns expressed about the approach to devolved nations and whether the provisional scope has set it out appropriately. So I will very much look into that and I’m very grateful for your helpful submissions. Thank you.

Mr Bermingham?