5. Submissions on Behalf of Scottish Covid Bereaved by Ms Mitchell

Ms Mitchell: My Lady, I represent the Scottish Covid Bereaved, as instructed by Aamer Anwar & Company.

We note that Module 2 covers a very broad range of issues, and it’s acknowledged that this module has ambitious scope. We note that the Module will explore how, in overarching terms, the central government responded to the pandemic. For the Scottish Covid Bereaved at this first preliminary hearing, the following four issues are raised.

One, disclosure. As with the first preliminary hearing for Module 1, we have no disclosure as yet. We understand the process of receiving disclosure in tranches will begin before Christmas 2022. We welcome the process beginning as soon as possible in order that we can assist the Inquiry in identifying any areas which may not have been considered as yet.

Given the very significant number of documents requested in the Rule 9 applications and their undoubted voluminous nature, does the Inquiry envisage any potential delays with the recovery and the time required for consideration of such disclosures?

Senior Counsel to the Inquiry this morning makes it clear that there is no requirement that Rule 9 applications be disclosed to core participants, and of course no issue can be taken with that as a matter of fact.

Of course, equally so, there is no requirement that Rule 9 applications not be disclosed to core participants. It might be imagined that Rule 9 responses may call for other Rule 9 requests, and Senior Counsel to the Inquiry this morning has acknowledged that that will be likely. The disclosure of Rule 9 requests to core participants would allow core participants to bring their own knowledge and understanding. I make no criticism of the legal team to the Inquiry but that’s a knowledge and understanding that may not necessarily be held by the legal team, as to whether certain documents ought to be requested.

If the documents were disclosed, this would cut down the possibility of delay in the disclosure process and the necessity for lengthy additional Rule 9 requests.

The ingathering of relevant evidence is key to an understanding of how central government responded to the pandemic. A transparent system of disclosure of course enhances the robustness and the legitimacy of the process, and I would encourage my Lady to consider in particular that last point as to whether or not, particularly with these high level decision-making processes, the Rule 9 requests ought to be disclosed to core participants.

Two, modules. We appreciate Senior Counsel to the Inquiry setting out, as he stated, very broadly the topics of the future modules, and indeed it was ourselves that requested if that could be done. We did so to help the Scottish Covid Bereaved understand what shape the Inquiry will take and to allow them to see whether areas of particular concern to them will be dealt with in later modules. And albeit the scope was very broad this morning, we thank Senior Counsel to the Inquiry for setting out what those are. We of course appreciate that more detail can’t be given at the moment, but we invite Senior Counsel to the Inquiry to let us know as soon as possible when greater specification becomes available.

Three, evidence. We noted in the first hearing that the proposed length of the first module was hoped to be a month. We note that Module 2 will be approximately two months. We would seek clarification: does the two-month period include the hearings on the discrete sub-modules in that timeframe? We will raise separate issues in relation to evidence in relation to the module that relates to Scotland alone, so I will say no more in relation to evidence this morning.

Four, the Listening Exercise. As doubtless the Inquiry fully appreciates and has now stated on a number of occasions, finding out what people went through at the time of Covid is fundamental to the Inquiry’s understanding of the process. As no doubt the Inquiry fully appreciates, finding out what happened, for example in a hospital setting, will rarely be found by scrutiny of documents alone. The Scottish bereaved understand that, whilst not direct evidence, the Listening Exercise will be an important part of finding out what happened to people during these times. We note the terms of the letter by the Solicitor to the Inquiry dated 13 September 2020, which was made available online on 4 October, setting out in some detail how that will work, and we are grateful for that additional information.

We now ask for some further specification. It would assist those we represent to know how the report will fit into the hearing process. I know my Lady has already touched upon in this at the preliminary hearing for Module 1, but what we would like to know, for example, is: will the Listening Exercise still be running contemporaneously with the hearing of evidence? We ask that question because it’s anticipated that there may be people who listen to the evidence as it comes out and perhaps do not recognise their experiences reflected in the evidence as it is led, and then decide to contact the Listening Exercise to share their position.

It would be helpful to know whether there will be a delay after hearings to allow those who may have been influenced by what they heard to have their say as part of the Listening Exercise.

Further submissions for the Scottish Covid Bereaved will be made in hearing for Module 2A tomorrow.

That’s all at the moment, my Lady.

Lady Hallett: Thank you very much, Ms Mitchell, helpful as ever.

As you know, given the particular situation with Scotland and what’s been happening with the Scottish Inquiry, the situation is such that it’s not straightforward for me to give the kind of clarity that I would like to give at this stage, but I can promise you we are working on giving the Scottish people and the Scottish bereaved as much information as we can as soon as possible, because I appreciate it’s far from clear at the moment.

Ms Mitchell: I’m very much obliged.

Lady Hallett: Thank you very much.

Oh, and I can emphasise that I think – I can say this straightaway, the Listening Exercise, the intention is that it will run throughout the time of the Inquiry.

Ms Mitchell: I’m obliged for that clarification, my Lady.

Lady Hallett: Thank you.

Right, Ms Twite.