Lessons and Answers? - A quick guide to Covid-19 response inquiries

UK Public Inquiry into Covid-19 pandemic

On 12 May 2021, Boris Johnson announced the UK Government’s intention to establish a full and independent public inquiry to examine the State’s handling of the Covid-19 pandemic and to learn lessons for the future.

The inquiry will have significant powers, including the power to compel witnesses to attend to give evidence on oath or to provide statements, and a power to compel the production of other evidence, as well as sanctions being available for non-compliance.

This announcement has been generally welcomed, but the inquiry is not expected to commence until spring 2022 which many consider to be too late. Commentators say lessons need to be learned as soon as possible, given the possibility of a third wave and new Covid variants emerging.

Hazel Moffat, Head of Burness Paull’s Public Law and Regulatory Team, has acted in a number of high-profile UK public inquiries. She notes: “It is of key importance for the credibility of the inquiry that it is chaired by someone who inspires public confidence and is clearly independent.

“It is also critically important there is sufficient consultation on its terms of reference before they are finalised, including with the devolved governments, but also with those working in the health and care sector and those who have been directly affected in some significant way.”

A Scottish public inquiry

The newly-elected Scottish Government indicated in its Scottish General Election Manifesto of 2021 that it would commission its own “statutory, person centred and human rights based public inquiry” into the handling of the coronavirus pandemic in Scotland.

Parliamentary inquiries

In the meantime, a number of parliamentary committees have been scrutinising aspects of the handling of the Covid-19 pandemic.

The joint inquiry by the Health and Social Care Committee and the Science and Technology Committee of the UK Parliament is looking at lessons learned which may assist in handling any new wave of the virus. Its focus is on issues including lockdown and physical distancing rules, the impact on social care and ‘at risk’ groups, testing, contact tracing, preparedness, public health messaging, and treatments and vaccines.

In March 2021, the Equality and Human Rights Committee of the Scottish Parliament produced its own report on the impact of the Covid-19 pandemic.

All these parliamentary inquiries and political commitments in relation to the pandemic are being monitoring by Fiona Killen, parliamentary specialist at Burness Paull, who has acted in a number of parliamentary inquiries.

She says: “A number of parliamentary inquiries, pulling in evidence from a range of specialists and key stakeholders, have already provided insights and lessons to be learned in the months ahead, with more to follow before the UK public inquiry gets off the ground. These are to be strongly welcomed, bringing as they do the potential to fill a gap at a critical time.”

If you require any guidance relating to any of these inquiries, please don’t hesitate to get in touch. You can also sign up here to receive our healthcare updates to keep you abreast as the situation develops.

This article first appeared in Scottish Care's Summer Bulletin 2021.