Issues being investigated under Term of Reference 2(b)

ToR 2(b) requires the Inquiry to investigate the strategic elements of the handling of the COVID-19 pandemic in Scotland relating to: 

“the decisions to lockdown and to apply other restrictions and the impact of those restrictions”.

In relation to ToR 2(b) the Inquiry will examine:

1. Decision-making by the Scottish Government in relation to lockdown, including: information, advice and evidence available to decision-makers prior to and during lockdowns; who was involved in decision-making; to what extent lessons learned from pre-pandemic planning exercises informed the early response; the decision to move from containment to delay phase; cancellation of mass events; closure of schools; closure of pubs, restaurants and other hospitality and leisure venues; closure of business premises and the work from home instruction; full national lockdowns; decisions to impose, relax or remove particular restrictions during lockdown; consideration of approaches other than lockdown, including approaches taken by other countries; balancing the ‘four harms’ of the pandemic; balancing any need for lockdown with human rights obligations, including the Human Rights Act 1998 and UN Convention on the Rights of the Child; review of lockdown measures; and exceptions to lockdown requirements including decisions in relation to key workers.
2. Decision-making by the Scottish Government in relation to restrictions, including: decisions to impose, relax or remove restrictions; the establishment and management of the Route Map Phases; the establishment and management of the Strategic Framework Levels; travel restrictions including the establishment, management and abolition of travel corridors; restricting the use of aerosol-generating procedures; social distancing and restrictions on public gatherings; requirements in hospitality, tourism, leisure and retail and other business premises; and mandating the use of infection control measures and PPE in certain settings.
3. Implementation of lockdown and restrictions, including: the enforcement of regulations; the use of fixed penalty notices; the establishment, management and abolition of travel corridors; and the prosecution of offences arising from breaches of the regulations.
4. Consideration given to existing inequalities and the needs of particular groups, including: elderly people; minority ethnic groups; those living with disability; homeless people, those with mental health issues; those living in crowded housing and/or multi-generational households; those living with no outdoor space; prisoners; those living in areas of deprivation; people reliant on religious organisations/community networks for support; people reliant on public services such as social work, child protection and addiction services; LGBTQ+ people; those experiencing, or at risk from, domestic violence; those with additional support needs refugees and asylum seekers; those living in care and people with loved ones living in care; and children and young people.
5. Communication to the public about what was required of them in relation to lockdown and restrictions, including: methods of communication and how accessible these were; regulations, guidance; and any blurring between law and guidance.
6. The impacts of lockdown and restrictions on individuals, businesses, the public and third sectors, in settings including health and social care, education, civil and criminal justice (including policing and prisons) and places of worship, including: human rights impacts; social and wellbeing impacts and impacts; disproportionate impacts experienced by those with certain protected characteristics, including intersecting characteristics; and the impacts of the societal shift to online consumption, particularly on those experiencing digital exclusion.