List of issues being investigated by Term of Reference

Aim of the Inquiry

The aim of the Inquiry, as set out in paragraph 1 of its Terms of Reference (ToR), is to establish the facts of, and learn lessons from, the strategic response to the COVID-19 pandemic in Scotland.

Scope of the Inquiry

The scope of the Inquiry is defined by its ToR and its functions are exercisable only within those ToR (Section 5(5) of the Inquiries Act 2005).

The issues to be considered by the Inquiry are therefore directed to the ToR. In terms of ToR 2, the scope of the Inquiry is to investigate the strategic elements of the handling of the pandemic relating to 12 areas which, for internal administrative and investigative purposes, have been allocated to four “Investigative Portfolios” as follows:

• Portfolio 1 – titled ‘Public sector response’ – covers the strategic elements relating to the six areas set out in ToRs 2(a) to (f), but with relevant aspects of ToRs 2(a), (b) and (f) covered by the other three Portfolios;
• Portfolio 2 – titled ‘Financial and welfare support to businesses and individuals’ – principally covers the strategic elements relating to the two areas set out in ToR 2(j) and (l);
• Portfolio 3 - titled ‘The provision of health and social care services’ – principally covers the strategic elements relating to the three areas set out in ToRs 2(g) to (i); and
• Portfolio 4 – titled ‘Education, certification, impact on children and young people’ – principally covers the strategic elements relating to the area set out in ToR 2(k).

In relation to the strategic elements relating to the areas set out in ToRs 2(b) to (l), the Inquiry’s investigations will cover the period between 1 January 2020 and 31 December 2022 (ToR 7(a)).

Human rights and disparities

As the Chair deems appropriate and necessary, the investigations will consider the impacts of the strategic handling of the pandemic on the exercise of Convention rights (as defined in Section 1 of the Human Rights Act 1998) (ToR 7(b)) and any disparities thereof, including unequal impacts on people (ToR 7(c)).

ToR reporting requirements

The Inquiry is required in its reporting to:

• create a factual record of the key strategic elements of the handling of the pandemic (ToR 3);
• identify lessons and implications for the future, and provide recommendations (ToR 4);
• demonstrate how a human rights-based approach by the Inquiry has contributed to the Inquiry's findings in facts and recommendations (ToR 5); and
• provide reports to the Scottish Ministers as soon as practicable (ToR 6).

Issues and overlaps

The issues the Inquiry will be investigating are outlined with reference to the 12 areas set out in ToRs 2(a) to (l).

By their nature, the issues do not fall exclusively within one area. It is anticipated that, where possible, issues that are general in nature will be investigated as part of the most specific areas under consideration. 

Future development of issues

As the work of the Inquiry progresses it is likely some issues will take on greater importance while others may not require to be pursued. It is anticipated that issues highlighted during the Inquiry’s investigations in relation to impacts will inform the focus of its investigations in relation to the implementation of decisions and decision-making. The Inquiry will continue to develop lines of investigation as information is ingathered and analysed. 

Last updated: 28 October 2022. 

Aim

1. The aim of this inquiry is to establish the facts of, and learn lessons from, the strategic response to the COVID-19 pandemic in Scotland.

Scope

2. To investigate the strategic elements of the handling of the pandemic relating to:
   1. ​​​​​​pandemic planning and exercises carried out by the Scottish Government; (issues being investigated under this Term of Reference)
   2. the decisions to lockdown and to apply other restrictions and the impact of those restrictions; (issues being investigated under this Term of Reference)
   3. the delivery of a system of testing, outbreak management and self isolation; (issues being investigated under this Term of Reference)
   4. the design and delivery of a vaccination strategy; (issues being investigated under this Term of Reference)
   5. the supply, distribution and use of Personal Protective Equipment; (issues being investigated under this Term of Reference)
   6. the requirement for shielding and associated assistance programmes, provided or supported by public agencies; (issues being investigated under this Term of Reference)
   7. in care and nursing homes: the transfer of residents to or from homes, treatment and care of residents, restrictions on visiting, infection prevention and control, and inspections; (issues being investigated under this Term of Reference)
   8. the provision of healthcare services and social care support, including the management and support of staff and the recognition, involvement and support of unpaid carers; (issues being investigated under this Term of Reference)
   9. the delivery of end-of-life care and the use of DNACPR (do not attempt cardiopulmonary resuscitation decisions); (issues being investigated under this Term of Reference)
   10. welfare assistance programmes, for example those relating to benefits or the provision of food, provided or supported by public agencies; (issues being investigated under this Term of Reference)
   11. the delivery of education and certification; (issues being investigated under this Term of Reference) and
   12. financial support and guidance given to businesses and the self-employed, including in relation to identification of keyworkers, by public agencies. (issues being investigated under this Term of Reference)

Reporting

3. To create a factual record of the key strategic elements of the handling of the pandemic
4. To identify lessons and implications for the future, and provide recommendations
5. To demonstrate how a human rights-based approach by the inquiry has contributed to the inquiry's findings in facts and recommendations 
6. To provide reports to the Scottish Ministers as soon as practicable

Interpretation

7. When interpreting and applying these terms of reference:
   1. in relation to points 2(b) to 2(l), investigations will cover the period between 1 January 2020 and 31 December 2022
   2. the inquiry will, as the Chair deems appropriate and necessary, consider the impacts of the strategic elements of handling of the pandemic on the exercise of Convention rights (as defined in Section 1 of the Human Rights Act 1998)
   3. the inquiry will, as the Chair deems appropriate and necessary, consider any disparities in the strategic elements of handling of the pandemic, including unequal impacts on people
   4. the inquiry can consider only “Scottish matters” as defined in section 28(5) of the Inquiries Act 2005
   5. the inquiry respects the independent role of the Lord Advocate in relation to the prosecution of crime and the investigation of deaths in Scotland
   6. the inquiry must make reasonable efforts to minimise duplication of investigation, evidence gathering and reporting with any other public inquiry established under the Inquiries Act 2005