Inspired Question · S6W-22874 · Session 6
Whether it can provide further details of the timeline of requests made of it by the UK COVID-19 Inquiry in relation to informal communicat…
The question
To ask the Scottish Government whether it can provide further details of the timeline of requests made of it by the UK COVID-19 Inquiry in relation to informal communications.
The answer
Further to the Deputy First Minister’s statement in Parliament on 31 October and the subsequent session of First Minister’s Questions on 2 November, this written answer sets out further clarification of the timeline of requests made for documentation relating to Module 2A of the Inquiry, which is concerned with decision making in Scotland. The excerpts from Rule 9 requests below have been produced with the agreement of the Inquiry and Scottish Ministers are grateful to them for their permission to do so.
Accordingly, we set out below further details of the sequence of requests which have been made. For the avoidance of doubt, when the passages below refer to WhatsApp messages, this includes all messages sent by way of similar informal messaging systems.On 4 November 2022, the Inquiry sent to the Scottish Government an initial draft request under Rule 9 of the Inquiry Rules 2006 which included the following question asking about the extent to which there was informal or private communication about significant decision-making, including for example whether there were WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions:
“ To what extent was there informal or private communication about significant decision-making? For example, were there WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions?”On 2 February 2023 the Inquiry sent a final version of the Rule 9 Request referred to above. This included requests for key communications and significant correspondence, including WhatsApp messages, relating to a range of different issues including, for instance, key meetings concerning the pandemic response in Scotland, messages about key decisions or by which such decisions were taken, meetings with the UK Government and messages about decision making relating to non-pharmaceutical interventions.In addition to requests for WhatsApps being made in specific contexts, the following request was made at paragraph 22:
“To what extent was there informal or private communication about significant decision-making? For example, were there WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions? Please provide any communications relating to key decisions, including internal and external emails, text messages or WhatsApp messages (on Scottish Government and private or personal devices), held by the Scottish Government.”Similar Rule 9 requests were received from the Inquiry in February and March 2023 seeking evidence, including WhatsApp messages, from Scottish Government Directorates.The Scottish Government submitted draft responses to the Inquiry relating to these requests throughout Spring 2023. In those responses it made clear that all key decisions and decision making were recorded on the Scottish Government corporate record. No WhatsApp messages were submitted as part of those responses.These draft responses were finalised at the Inquiry’s request at the end of June 2023 and have now been disclosed to the Inquiry’s core participants.Based on its review of these responses, the Inquiry considered that further information was required in relation to the use of WhatsApps in response to the requests set out above, and thus a further specific rule 9 request was issued to the Scottish Government on 22 June 2023 seeking details of its policies relating to the use of informal messaging for the conduct of government business.
This request sought specific information about the use of WhatsApp groups concerned with the Covid-19 response, including those used for coordination, logistics, ad hoc or day-to-day communications, as well as those that discussed decision making or policy. It asked for the names of any such groups, their members, their roles, the date range of their activity, and the quantit
Accordingly, we set out below further details of the sequence of requests which have been made. For the avoidance of doubt, when the passages below refer to WhatsApp messages, this includes all messages sent by way of similar informal messaging systems.On 4 November 2022, the Inquiry sent to the Scottish Government an initial draft request under Rule 9 of the Inquiry Rules 2006 which included the following question asking about the extent to which there was informal or private communication about significant decision-making, including for example whether there were WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions:
“ To what extent was there informal or private communication about significant decision-making? For example, were there WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions?”On 2 February 2023 the Inquiry sent a final version of the Rule 9 Request referred to above. This included requests for key communications and significant correspondence, including WhatsApp messages, relating to a range of different issues including, for instance, key meetings concerning the pandemic response in Scotland, messages about key decisions or by which such decisions were taken, meetings with the UK Government and messages about decision making relating to non-pharmaceutical interventions.In addition to requests for WhatsApps being made in specific contexts, the following request was made at paragraph 22:
“To what extent was there informal or private communication about significant decision-making? For example, were there WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions? Please provide any communications relating to key decisions, including internal and external emails, text messages or WhatsApp messages (on Scottish Government and private or personal devices), held by the Scottish Government.”Similar Rule 9 requests were received from the Inquiry in February and March 2023 seeking evidence, including WhatsApp messages, from Scottish Government Directorates.The Scottish Government submitted draft responses to the Inquiry relating to these requests throughout Spring 2023. In those responses it made clear that all key decisions and decision making were recorded on the Scottish Government corporate record. No WhatsApp messages were submitted as part of those responses.These draft responses were finalised at the Inquiry’s request at the end of June 2023 and have now been disclosed to the Inquiry’s core participants.Based on its review of these responses, the Inquiry considered that further information was required in relation to the use of WhatsApps in response to the requests set out above, and thus a further specific rule 9 request was issued to the Scottish Government on 22 June 2023 seeking details of its policies relating to the use of informal messaging for the conduct of government business.
This request sought specific information about the use of WhatsApp groups concerned with the Covid-19 response, including those used for coordination, logistics, ad hoc or day-to-day communications, as well as those that discussed decision making or policy. It asked for the names of any such groups, their members, their roles, the date range of their activity, and the quantit
In the Official Report
1 contribution mention S6W-22874-
15 Nov 2023Scottish Ministerial Code (First Minister and Deputy First Minister)
I am grateful to Mr Johnson for that point; it is precisely the point that I was about to make about why the inquiries and the issue of transparency are so important. We need to learn the lessons. If—perish the thought—we come up against a…