Closing statements under way in Scottish Covid-19 Inquiry hearings

Closing statements have begun at the Scottish Covid-19 Inquiry, with the so-called partygate scandal described as “the ultimate insult”.

The health and social care impact hearings of the inquiry are drawing to a close after examining the experiences of care home residents and families, as well as workers in the sector, and availability of PPE.

Stuart Gale KC, senior counsel to the inquiry, paid tribute to the “courage and fortitude” of witnesses who gave evidence and criticised “unthinking behaviour of others”, including in Downing Street.

He quoted Jane Morrison, who represented the Scottish Covid Bereaved at the inquiry, and branded the partygate scandal, which saw lockdown-breaching parties held in Downing Street, “the ultimate insult” after her partner, Jacky Morrison-Hart, died in October 2020.

Mr Gale said: “Death in the context of a pandemic was for many reasons a traumatic experience.

“Dealing with these experiences was exacerbated by the unthinking behaviour of others – those who are Covid deniers, those who are conspiracy theorists, and the events in Downing Street, were as Miss Morrison put it, the ultimate insult.”

He described the pandemic as the “most significant public health emergency experienced by the people of Scotland in living memory” and said some evidence had been “highly distressing”, while in some instances “common decencies were on occasion dispensed with”.

Mr Gale said: “It was regularly said that each death was a tragedy, the inquiry would wish to recognise the tragedy that the pandemic has wrought on families in Scotland.”

The inquiry heard that in the early stages of the pandemic it was realised that “the virus could have a devastating impact on people in care homes” and Mr Gale said that “being confronted with staff wearing face masks would have had an impact on the wellbeing of residents”.

He said evidence presented by the Royal College of Nursing to the Scottish Government that the virus was airborne, addressed during evidence from the British Medical Association Scotland, would be explored further in the inquiry.

Mr Gale said: “This is clearly a matter which the inquiry will wish to investigate further in its implementation and decision-making hearings.”

Contributions were heard from organisations including Age UK, the British Geriatric Society and Alzheimer’s Scotland during the sessions.

He said the task of the inquiry was “determining whether lessons can be learned, should there be a future pandemic”, and that in particular it would look at “unequal impacts on people”, including care home residents.

Other “vulnerable groups” included addicts, people required to shield and people in custody.

Mr Gale added: “The inquiry team made a positive decision that we will endeavour to consider the impacts on those who were the most vulnerable in society.”

Expertise “was not recognised” during the pandemic while “structural inequalities” were exacerbated by policy-makers, the inquiry was told.

Closing speeches were heard from representatives for the Scottish Government, Care Inspectorate, Scottish Care, Scottish Women’s Rights Organisations, Scottish Healthcare Workers Coalition, Royal College of Nursing and College of Paramedics.

Geoffrey Mitchell KC, for the Scottish Government, said health had to be weighed against isolation, economics and education.

He said: “In these circumstances, the challenge was for the Scottish Government to assess risks and benefits, and take decisions to reduce overall harm as much as possible. We acknowledge the severe impact of the pandemic on the social care sector.”

Solicitor Kirstyn Burke, representing Scottish Care, said: “Guidance often indicated a lack of understanding of the care sector. The care sector’s professional expertise and allowances for such nuances were not recognised.

“The impacts on dementia were not sufficiently understood. Such factors could have been reduced had experts been sought.”

She told the inquiry that Scottish Care advised members to lock down preventatively – but soon advised that such restrictions be relaxed while care homes experienced “clinical abandonment” due to a lack of visits from GPs.

Ms Burke said: “In the outset, Scottish Care advised members to lock down as a precautionary measure, by April 2020 it was making recommendations restrictions should be relaxed.

“Due to its inflexible nature, Scottish Care believes that acting in accordance with guidance prevented care providers from taking a human rights-based approach. It is submitted that harms caused by restrictions could have been mitigated.”

Lesley Shand KC, for the Royal College of Nursing in Scotland, said the trade union was concerned about staffing vacancies before the pandemic and that the “general burden” placed upon nursing staff created “significant and complex” mental health issues.

Andrew Webster KC, for the Scottish Healthcare Workers Coalition, described “ignorant, indifferent or unsympathetic” attitudes at work.

Mr Webster said: “Healthcare workers served the people of Scotland with courage and conviction. I call on the inquiry to repay those individuals by robustly investigating and holding to account those in decision-making.”

Advocate Clara Smeaton, representing Scottish Women’s Rights Organisations, said lockdown “forced women and children to stay in unsafe homes and remain isolated”.

She said: “For women experiencing domestic abuse, it was a perfect storm. Women’s higher levels of poverty and gender-based violence are also connected to adverse mental health impact for women and survivors of domestic abuse.”

Ms Smeaton said it should have been predicted that “structural inequalities were exacerbated” including unpaid work increasing as a result of school closures.

She said: “This put the responsibility of the state onto the shoulders of others, and those others were primarily women.

“Women suffered disproportionately during the pandemic, this outcome ought to have been predicted by public bodies.”

The inquiry, held in Edinburgh, continues before Lord Brailsford.