Scottish Inquiry Into the COVID-19 Pandemic
by Kevin Clancy
Published: January, 2022
In a statement to Parliament on 14 December 2021, John Swinney, the Deputy First Minister, confirmed the appointment of Court of Session judge Lady Poole as the chair of the Scottish inquiry into the COVID-19 pandemic. The Scottish Government also announced the terms of reference for the public inquiry on the same date, with the inquiry investigating the period between 1 January 2020 and 31 December 2022. You can read the full ministerial statement here.
The terms of referenceThe terms of reference set out 12 areas for investigation, each of which is intended to cover a strategic element (both in establishing facts and learning lessons) of the handling of the pandemic in Scotland (and it should be stressed that the inquiry will only consider “Scottish matters”):
Although the terms of reference have been published, it was also made clear in the Letter to the inquiry Chair that the first period of the inquiry’s work will include “reflection” on the terms noted above, which may be the subject of adjustment by the inquiry Chair. A key element of the inquiry will be investigating the experience of coronavirus in care homes, which is a matter of significant public concern – why were certain decisions taken at particular points in time, and could different outcomes have been achieved? However, the inquiry is not concerned solely with the direct health impacts of coronavirus, it will also consider societal and economic impacts. For example, lockdown, restrictions and outbreak management affected businesses and workers, most notably in the hospitality and retail sectors. The reference to education delivery is relevant to primary, secondary, and tertiary education providers. Next stepsOrganisations that may wish to engage with the inquiry should ensure they have retained relevant documents, in particular those explaining or justifying certain decision-making processes. Even if organisations are not expecting to engage with the inquiry, it is advisable that they continue to update risk assessments and health and safety policies to take into account lessons learned throughout the pandemic and changing legislation and guidance. If you would like to discuss any of the above, please get in touch with Kevin Clancy, Natasha Durkin, John Grady, or your usual Shepherd and Wedderburn contact.
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