Background to the Inquiry
On 1 March 2020 the first positive case of COVID-19 in Scotland was confirmed. By 11 March 2020, the World Health Organization had classified the outbreak as a global pandemic.
The Scottish COVID-19 Inquiry has been set up to establish the facts and learn the lessons of the strategic devolved response to the COVID-19 pandemic in Scotland.
On 14 December 2021 the Deputy First Minister announced that the Honourable Lady Poole would chair the Scottish COVID-19 Inquiry. The Inquiry's initial Terms of Reference were also published, following a period of consultation. The official set up date for the inquiry was 28 February 2022.
On 27 October 2022, the Deputy First Minister announced that the Honourable Lord Brailsford would chair the Scottish COVID-19 Inquiry following the resignation of Lady Poole for personal reasons on 30 September 2022.
On 28 October 2022, the Inquiry's Terms of Reference were re-published, after being amended to include: 'to demonstrate how a human rights-based approach by the Inquiry has contributed to the Inquiry's findings in facts and recommendations'.
Inquiry aims and objectives
The Scottish COVID-19 Inquiry is investigating, independent of government, the devolved strategic response to the COVID-19 pandemic. The scope of this investigation is set out in its Terms of Reference, and includes the impact on the provision of health and social care, education and certification, business and financial and welfare support.
Following a robust and wide-ranging investigation, the Inquiry will report its findings to Scottish Ministers, including a factual record of the key strategic elements of the handling of the pandemic, identify any lessons and implications for the future, and provide recommendations.
The Scottish COVID-19 Inquiry is a statutory public inquiry, which means it is established under the Inquiries Act 2005. That Act and the Inquiries (Scotland) Rules 2007 contain a range of legal provisions, including provisions about Terms of Reference, and powers to summon witnesses to give evidence on oath and compel production of documents. Together, they provide the legal framework which governs the Inquiry.
The Inquiry will consider all relevant material provided to it which is within the scope of the published Terms of Reference. The Inquiry will only make findings based on that material.
The Inquiry Chair's role
As Chair of the Inquiry, Lord Brailsford acts in an independent capacity and is supported by the secretariat, legal team and Counsel.
The Chair is responsible for implementing the Inquiry’s Terms of Reference and deciding its procedures, subject to a statutory duty to act fairly while avoiding unnecessary costs.
It is for the Chair to decide how best to fulfil the Terms of Reference and conduct the investigation.
The Chair supervises the running of the Inquiry and is responsible for delivering the final report to Scottish Ministers. The Chair cannot make any findings of civil or criminal liability, nor can he award any compensation.
UK Covid-19 Inquiry
A UK Covid-19 Inquiry was also set up by the UK Government to investigate the handling of COVID-19 across the four nations. Overlap with the Scottish COVID-19 Inquiry's investigation is likely to occur and both inquiries have signed a memorandum of understanding to reduce duplication of its work.
The UK Covid-19 Inquiry's Terms of Reference can be found on its website.