Scotland's First Minister Humza Yousaf to 'fully investigate' concerns messages not handed to UK COVID Inquiry

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Humza Yousaf has pledged the Scottish government will "fully investigate" claims from the UK COVID-19 Inquiry that messages, including WhatsApps, have not been handed over.

The first minister said he has ordered Solicitor General Ruth Charteris to investigate the matter.

He said he is "seeking assurances" that "do not destroy" notices issued by the inquiry had been "fully complied with, not just by ministers but by every relevant Scottish government official".

He pledged the action after counsel to the inquiry Jamie Dawson KC said the Scottish government had been asked to provide "all communications related to key decisions made during the pandemic", including informal messages on WhatsApp, but "no messages" had been handed over.

Scottish Conservative leader Douglas Ross raised the issue at First Minister's Questions at Holyrood on Thursday, asking: "Why has Humza Yousaf not handed over key messages to the inquiry?

"Grieving families deserve answers and full transparency from this government.

"The counsel to the inquiry has said they have not received what they asked from the Scottish government."

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He said "refusing" to hand over the information requested would be an "insult to grieving families" and a "shocking display of secrecy" by the Scottish government that would "potentially break the law".

Mr Ross told Mr Yousaf that "crucially one Scottish government official has voluntarily handed over WhatsApp messages from the pandemic, proving that they exist", and that there is "no excuse for not releasing them".

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Powerful statements from COVID Inquiry

He asked: "Why is this information being withheld from grieving families, the inquiry and everyone who deserves answers?"

Mr Yousaf said his government does "take seriously the concerns that have been raised by counsel".

He added: "I can only say to the families listening we will take on board those concerns, we will internally investigate fully, because my understanding, certainly as I stand here today, is that relevant information has been passed over.

"But if there are any concerns raised they will be fully investigated and I will ask the solicitor general to investigate them."

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Scotland's First Minister Humza Yousaf to 'fully investigate' concerns messages not handed to UK COVID Inquiry

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But Mr Yousaf said it is "simply incorrect" to suggest no information has been provided to the inquiry, adding: "My own statement to the COVID inquiry is over 100 pages long."

He insisted the Scottish government has "handed over relevant material".

He added: "There are some messages that we are going to continue to provide but they have to go through the appropriate processes. We will continue to hand over those messages."

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Mr Yousaf also stressed the Scottish government "didn't routinely make decisions over WhatsApp" during the pandemic, saying this was "very different of course to what the UK government has done".

In a jibe at the Conservative government at Westminster, where both ex-prime minister Boris Johnson and his successor Rishi Sunak received fixed-penalty notices for breaching lockdown rules, the first minister said: "It is not this government that has broken the law or will break the law.

"This government will undoubtedly fully cooperate with both the UK inquiry and the Scottish public inquiry too."

The Information Commissioner's Office confirmed that ministers deleting WhatsApp messages could be deemed a criminal offence if they were trying to prevent that information from being disclosed through a freedom of information (FOI) request.

The Scottish government has said it was asked by the UK COVID Inquiry to provide all material related to decision-making.

It also said in a statement: "It is not the culture within Scottish government to use WhatsApp for decision making - our records management policy states clearly that government decisions should be recorded in the official record. The UK Inquiry has that material from the official record.

"The UK inquiry has subsequently asked for WhatsApp messages relating to logistics and day-to-day communication, which of course we will provide.

"However, given the level of personal information contained within, we need a legal basis to do so, for example in the form of a section 21 order.

"The UK inquiry indicated at this morning's hearing that it will be issuing us with the requisite legal paperwork to allow us to share those messages shortly.

"The first minister has also asked the permanent secretary to ensure that all steps are being taken within the government to meet the inquiry's requests and for the solicitor general to satisfy herself that the government has met all its legal obligations."

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