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

Ms Mitchell: My Lady, I’m obliged.

Those representing Sir Patrick Vallance, both in written and oral submissions, gave the acceptance that Article 8 is engaged and, and I quote from paragraph 10:

“In essence the public interest in this degree of disclosure justified the interference in Sir Patrick’s Article 8 rights. Sir Patrick accepts the assessment and approach. He asks only that it continues to be applied.”

My Lady, the Inquiry in this case has taken the documents, they have applied the derogation of Article 8, namely 8.2, test, and have supplied only to core participants those documents which are relevant to the purpose at hand. As a result, the Article 8 test has been carried out and is satisfied. It’s respectfully submitted that what need not happen in those circumstances is that the Article 8 test continues to be applied like a matryoshka doll-type exercise, where we get smaller and smaller pieces of evidence.

It’s respectfully submitted in the circumstances that once that test is carried out, we need not go further on to that. So that is the matter of law. In relation to the practical matter, it’s obviously a matter for this Inquiry as to how they wish to carry out the procedure, and Mr Smith’s note is very detailed in that regard, identifying the various ways that it could be done.

I would respectfully submit in the circumstances that it is unnecessary so to do, and also that it may, if granted on this occasion, encourage others to take the same approach, and that may mean a considerable degree of extra difficulty.

Further, I suppose the question as to whether or not it’s relevant can be seen when examining whether or not any of those pieces of evidence that we might cover up when looking at a particular statement can thereafter, in any event, be used in any of the core participants’ closing statements, and of course if they’re relevant they may do so, and that was evidenced by Mr Keith in his opening statements. So it seems rather an oddity to say we must cover up these things just now so we can just deal with this particular question, but still allow for the fact that core participants could refer to any part of the disclosed document in their closing statements.

So, in conclusion, my Lady, I would respectfully submit that the Inquiry should just proceed as it has done in other cases, satisfied that the Article 8 test has been met and satisfied.

I’m obliged.

Lady Hallett: Thank you very much indeed, Ms Mitchell.

Ms Morris.