5. Submissions on Behalf of Scottish Covid Bereaved by Mr Mccaffery

Mr McCaffery: Yes, my Lady, good afternoon, my Lady.

Lady Hallett: Good afternoon.

Mr McCaffery: My Lady, as you know, I appear on behalf of Scottish Covid Bereaved this morning, as one of the counsel, including, as you know, Claire Mitchell King’s Counsel and Kevin Henry, advocate, instructed by Aamer Anwar & Co Solicitors, Glasgow, the legal representative of Scottish Covid Bereaved. I intend this morning, my Lady, to make submissions in three parts. Firstly, some brief general submissions; secondly, in relation to the listening exercise, Every Story Matters; and thirdly, with respect to the KLOEs or key lines of enquiry. My Lady, the members of Scottish Covid Bereaved are grateful to your Ladyship for the grant of core participant status in Module 4. We are also grateful to Counsel to the Inquiry for the detailed note setting out the matters which are to be addressed at this first preliminary hearing for the future progress of Module 4. Module 4 is, of course, of significant importance to all core participants, the consideration of and ultimately the recommendations which will be made by the Inquiry on a range of issues relating to the development of Covid-19 vaccines, the implementation of the vaccine roll-out programme across the four nations of the UK, and the development and use of new therapeutics is of considerable importance to Scottish Covid Bereaved members.

The importance of Module 4, my Lady, is underlined by reports in the media only yesterday of a highly mutated new rapidly spreading Covid variant having been detected in the United States known as Pirola or BA.2.86 and which has seen cases spike in recent weeks. Alarmingly, it is also understood that this new variant has 34 mutations identified thus far, allowing it to more easily evade vaccines.

This is reported as causing serious concern amongst medics in the US and fears are that the coming winter could well see the real prospect of a serious winter flu virus combined with a resurgence of the Covid-19 virus.

As a member of our group put it to us recently, my Lady, and doubtless better than any submission I could make this morning, I quote:

“As a member of the Scottish Covid Bereaved group, I welcomed the launch of both the UK and Scottish Covid-19 Inquiries, hoping that these would be a path to achieving some form of justice for our lost loved ones and, crucially, that learning from those Inquiries and measures taken as a result of that learning might prevent such loss in future pandemics. That this doesn’t happen again is a plea I have heard voiced by so many of my fellow members of our group. My fear, and it is a very real fear, is that it is still happening, that individuals are at very significant risk of contracting Covid, of becoming ill, of being hospitalised, of contracting long Covid.”

Against that worrying background, my Lady, Scottish Covid Bereaved look forward to the commencement of the hearings for Module 4 in autumn 2024 and the Chair’s determination in respect of the matters raised during the evidential hearings in due course.

Whilst it is commendable and very much appreciated by Scottish Covid Bereaved that the Inquiry continues to set and adhere to a robust timetable in respect of the preliminary and evidential hearings and the recovery of documents and expert opinion, we see from Counsel to the Inquiry’s note and this morning’s oral submissions that disclosure of materials for Module 4 is not anticipated to begin until late autumn of this year. Accordingly, Scottish Covid Bereaved feel somewhat limited in the submissions that can be made in the absence of such disclosure at this stage.

Whilst we attempt to assist the Inquiry with our written and oral submissions today, it is likely, in these circumstances, that we will require to make fuller and more detailed submissions on the matters contained in Counsel to the Inquiry’s note once the representatives of Scottish Covid Bereaved have had the opportunity to consider the disclosed material for Module 4 in due course.

In the event that Scottish Covid Bereaved do consider that any disclosed material raises further particular issues which require to be addressed by the Inquiry, we will endeavour to raise these with the Inquiry legal team at the earliest available opportunity.

Secondly, my Lady, the listening exercise, Every Story Matters. The Scottish Covid Bereaved particularly welcome the Inquiry’s intention to undertake qualitative research into submissions made by members of the public and many members of core participant groups to the Every Story Matters listening exercise, and specifically in relation to Module 4, also that the results of this research are to be collated into themed reports.

It is of great importance to Scottish Covid Bereaved that the Inquiry is able to hear directly from as many of those directly affected by the pandemic as possible, enabling their stories to contribute to and help inform the Inquiry, thus ensuring that a proper understanding of the effects of Covid-19, the response of the authorities and any lessons to be learned can be achieved.

Every Story Matters will of course be crucial in enabling the Inquiry to fulfil its terms of reference in listening to and considering carefully the experiences of bereaved families and others who have suffered hardship or loss as a result of the pandemic. Members of Scottish Covid Bereaved and other core participant groups being among those who have suffered the most, once again we are grateful to Counsel to the Inquiry’s further acknowledgement of the Inquiry’s intentions in that regard this morning.

Thirdly, my Lady, key lines of enquiry. We note the proposed key lines of enquiry contained in Counsel to the Inquiry’s note, also the proposed audience groups. And whilst acknowledging the importance of both, Scottish Covid Bereaved submit that the Inquiry may wish to explore whether the manner in which vaccine delivery was rolled out across the UK may have resulted in reduced vaccine uptake. In particular, and submitted as being worthy of consideration by the Inquiry, are circumstances identified by members of Scottish Covid Bereaved where having couples within one household being vaccinated at different times may have resulted in some hesitancy to receive the vaccine in a situation where the first member of the household suffered side effects from the vaccine, and as a consequence of that another member or members of the household subsequently elected not to receive the vaccine.

Additionally, it is submitted that the Inquiry should consider it relevant and appropriate to investigate whether requiring individuals to travel some distance to receive the vaccine, as those in rural areas were required to do, what impact this may have had and is likely to continue to have on vaccine uptake rates.

We acknowledge the submissions in respect of the practicalities of the vaccine roll-out made by Covid-19 Bereaved Families for Justice Cymru in this regard, Scotland, Wales and Northern Ireland having similar geographical issues with many rural communities and the issues of transport and other restrictions in accessing services which are an everyday part of life in such areas.

A further and important issue, it is submitted, that the Inquiry may deem relevant for consideration is the role played by social media in public messaging on vaccines. We are pleased to have Counsel to the Inquiry’s undertaking provided this morning that this will be included as an issue to be considered in Module 4.

There has, of course, been an overwhelming increase or reliance by members of the public – and of course, it would appear, from evidence already heard, government – on social media over the past decade or more as a source of news and dissemination of information, not all of which it can be said without fear of contradiction necessarily emanated from official or reliable sources. Scottish Covid Bereaved are aware of considerable misinformation in relation to vaccines and therapeutics having been spread on social media.

The Inquiry has already heard evidence of the impact of the United Kingdom Government’s austerity policies on public health funding.

Accordingly, it is submitted that it would be relevant for the Inquiry to consider whether this resulted in fewer resources being available to provide public health messaging using such media and, when coupled with the increased reliance on social media platforms as a source of news and information, whether it led to an increase in the number of those unwilling to receive the vaccine.

We further submit that it would be important for the Inquiry to consider whether online misinformation may have clouded or minimised concerns from suitably qualified persons who were challenging or raising concerns with orthodox views.

Scottish Covid Bereaved consider, and it is submitted few would doubt, that the internet is the most powerful source of public information now available. Accordingly, it is submitted that the Inquiry ought to consider how a protected or verified public health message can be sent online and what steps can be taken to gain the trust of those who may have concerns about receiving vaccines.

Other important issues, my Lady, were raised in the written submissions on behalf of the Vaccine Injured and Bereaved UK, UK CV Family and the Scottish Vaccine Injury Group, and – that is, in our submission, the issue of suicide, which has been encountered among the membership of those groups, and undoubtedly others, which would merit consideration by the Inquiry perhaps not only in Module 4 but other modules in due course.

The significant number of people who received an initial vaccine but then appeared to fail to take up a second is another issue of concern to our members, and also the failure to have put in place NICE guidelines for what was a novel vaccine from which side effects were to be anticipated prior to its roll-out.

Scottish Covid Bereaved are also encouraged by Counsel to the Inquiry’s stated intention this morning to take evidence from the devolved nations as appropriate for the purposes of Module 4. My Lady, these are the submissions made insofar as Scottish Covid Bereaved consider relevant at this early stage for Module 4 and in the absence of any disclosure as yet. Meantime, Scottish Covid Bereaved members look forward to having the opportunity to have their voice heard in respect of Module 4 in due course, and we will endeavour to continue to assist the Inquiry as required and await disclosure of materials.

My Lady, those complete the submissions on behalf of Scottish Covid Bereaved, unless I can be of any further assistance.

Lady Hallett: No, thank you very much indeed, Mr McCaffery, and I do understand the limitations on the amount of help you can give at this stage without disclosure, so I’m very grateful to you. Thank you.

Mr McCaffery: I’m obliged, my Lady.

Lady Hallett: Thank you.

Mr Wagner.