An Investigative Review into the process of establishing, managing and supporting Independent Reviews in Scotland

Footnotes

1 The Scottish Government (2017) The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women: Final Report. Available from: http://www.gov.scot/Resource/0051/00515856.pdf.

2 Howe G (1999) The Management of Public Inquiries. The Political Quarterly pp 294- 304 at p 295.

3 See for example the summary of House of Commons Briefing Paper, Statutory Commissions of Inquiry: The Inquiries Act 2005.

4 Hill A (2010) Sohan report author says public inquiries are not worth the money. The Guardian Available from: https://www.theguardian.com/society/2010/sep/15/public-inquiries-ignored-lord-bichard & Bolby C (2017) Grenfell: Can public inquiries ever satisfy everyone? BBC News Available from: https://www.bbc.co.uk/news/uk-40950945 [Accessed September 5 2018].

5 Norris E & Shephard M (2017) Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p.6; Levitt R & Solesbury W (2012) Policy tsars: here to stay but more transparency needed. Final report. Kings College, London at p.2 Available from: https://www.kcl.ac.uk/sspp/departments/politicaleconomy/research/Current-Research-Projects/tsarsreport/Tsars-Final-Report-Dec-2012.pdf [Accessed August 18 2018].

6 PE1517.

7 PE 1517 was lodged on 30^th April 2014. For a full chronology, see http://www.parliament.scot/GettingInvolved/Petitions/scottishmeshsurvivors.

8 See the preface of both The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women Interim Report. (2015) Available from: https://www.gov.scot/Resource/0048/00486661.pdf. The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women Final Report. (2015) at Available from: https://www.gov.scot/Resource/0051/00515856.pdf [Accessed September 12 2018].

9 Official Report. Meeting of the Parliament. Dec 5 2017 col. 28.

10 Public Petitions Committee (session 4) Official Report 3 June 2014.

11 Public Petitions Committee (Session 4), Official Report, 17 June 2014, col 2364.

12 Public Petitions Committee (Session 4), Official Report, 17 June 2014, col 2364.

13 The Scottish Government (2017) The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women: Final Report. Available from: http://www.gov.scot/Resource/0051/00515856.pdf. Hereafter, the “Final Mesh Report.”

14 The Scottish Government (2015) The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women: Interim Report. Available from: http://www.gov.scot/Resource/0048/00486661.pdf. Hereafter, the “Interim Mesh Report.”

15 Cabinet Secretary for Health and Sport submission of 17 May 2017 Available from: http://www.parliament.scot/S5_PublicPetitionsCommittee/Submissions%202017/PE1517_LL_CabSec_170517.pdf [Accessed June 27 2018].

16 But not limited to.

17 ad hoc- ‘created or done for a particular purpose as necessary.’

18 Sulitzeanyu-Kenan R (2006) “If they get it right: An experimental test of the effects of the effects of the appointment and reports of UK public inquiries” Public Administration Vol. 84, No. 3, 2006 623–653 at 625.

18 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p.9.

19 Sulitzeanyu-Kenan R (2006) “If they get it right: An experimental test of the effects of the effects of the appointment and reports of UK public inquiries” Public Administration Vol. 84, No. 3, 2006 623–653 at 625.

19 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p.10.

20 Sulitzeanyu-Kenan R (2006) “If they get it right: An experimental test of the effects of the effects of the appointment and reports of UK public inquiries” Public Administration Vol. 84, No. 3, 2006 623–653 at 625.

21 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p.9.

22 Further discussion on this point can be found in Caird J S House of Commons Library (2016) Public Inquiries: non-statutory commissions of inquiry. Briefing paper no. 02599. Available from: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN02599#fullreport [Accessed August 12 2018]

23 Further discussion can be found in Scottish Government (2014) SPICe Briefing for the Public Petitions Committee. Available from: http://www.parliament.scot/ResearchBriefingsAndFactsheets/Petitions%20briefings%20S4/PB14-1517.pdf [Accessed September 4 2018].

24 Scotland Act 1998, Schedule 5, Section J4.

25 The Scottish Government (2017) Final Mesh Report at p. 102.

26 This included the (2015) Interim and (2017) Final Mesh Reports. We also considered the Report published in July 2017 by the Mesh Oversight Group ,chaired by Professor Keith Willett- Mesh Oversight Group Report. Available from: https://www.england.nhs.uk/wp-content/uploads/2017/07/mesh-oversight-group-report.pdf. This Report follows on from the Mesh Working Group Interim Report of December 2015. Available from: https://www.england.nhs.uk/wp-content/uploads/2015/12/mesh-wg-interim-rep.pdf.

27 Scottish Government. Commissions, Inquiries , Reviews and Panels. Available from: https://www.gov.scot/About/Review [Accessed August 10 2018].

28 Howe G (1999) The Management of Public Inquiries. The Political Quarterly Publishing Co. Ltd pp 294- 304 at p 295.

29 Norris E & Shephard M (2017) Institute for Government (2017) How Public Inquiries can lead to change.

Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p.5. See also the summary of House of Commons Briefing Paper, Statutory Commissions of Inquiry: The Inquiries Act 2005. at p. 6. See also, The Economist (2016) Question Time. Public Inquiries Available from: https://www.economist.com/britain/2016/10/20/question-time [Accessed September 20 2018].

30 There is a rich variety of literature which may refer to this proposal using slightly different names but they all capture the themes suggested here and many more.

31 For a good summary of these suggestions and more, please see Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective Inquiries - Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p. 20 – 21.

32 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p. 72 [Accessed June 29 2018].

33 Commission on Women Offenders was chaired by the Right Hon Dame Elish Angioli. Available from: https://www.gov.scot/Topics/archive/reviews/commissiononwomenoffenders/finalreport-2012 [Accessed June 27 2018].

34 Independent Review of Hate Crime Legislation in Scotland: Final Report was chaired by Lord Bracadale. Available from: https://www.gov.scot/Publications/2018/05/2988 [Accessed June 27 2018].

35 Official Report. Meeting of the Parliament. Dec 5 2017 col. 29.

36 Consider the above example of the Independent Review of Hate Crime Legislation in Scotland: Final Report. In the remit the concepts of hate crime and the judicial process were expended and explained. Available from: https://www.gov.scot/Publications/2018/05/2988 [Accessed June 27 2018].

37 The Scottish Government (2017) Final Report at p. 9, section 1.2.

38 Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p. 14.

39 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p. 18 [Accessed June 29 2018].

40 House of Lords Select Committee on the Inquiries Act 2005 (2014) The Inquiries Act 2005: Post-legislative scrutiny, The Stationery Office, p. 5.

41 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at pp. 31-32 [Accessed June 29 2018].

42 This was the approach taken in the Grenfell Tower Inquiry as discussed in the report of the Institute for Government((2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p.15.

43 The Scottish Government (2017) Final Mesh Report at p. 7.

44 Ibid.

45 Ibid.

46 This was held on August 25 2014.

47 Extract from the Minutes of the Independent Review, (paper no. IR/09) from meeting of August 25 2014.

48 As No 1 above at pp 9-11 and Fieldfisher (2008) A practical guide to commissioning and conducting investigations and inquiries. Available from: http://www.fieldfisher.com/publications/2008/12/a-practical-guide-to-commissioning-and-conducting-investigations-and-inquiries#sthash.3ntg9w8D.dpbs [Accessed November 7 2017]

49 See for example, The World Bank Independent Evaluation Group Communication, Strategy, and Learning International Bank for Reconstruction and Development(2011) WRITING TERMS OF REFERENCE FOR AN EVALUATION: A HOW-TO GUIDE. Available from: http://siteresources.worldbank.org/EXTEVACAPDEV/Resources/ecd_writing_TORs.pdf or National Institute for Health Research- Involve(2017) Terms of reference template. Available from: http://www.invo.org.uk/getting-started/template-one/ [Accessed November 7 2017].

50 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p. 10.

51 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p35 [Accessed August 12 2018].

52 See, for example, AICPA Plain English Guide to Independence (2017) Available from: http://www.aicpa.org/interestareas/professionalethics/resources/tools/downloadabledocuments/plain%20englis h%20guide.pdf [Accessed 27 October 2017].

53 Howe G (1999) The Management of Public Inquiries. The Political Quarterly Publishing Co. Ltd pp 294- 304 at p 302.

54 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies at p 35 [Accessed August 12 2018]

55 Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p. 16.

56 HC Deb 7 July 2014 cc 23-27 & HC Deb 4 Feb 2015 C 275-277. This is also discussed in House of Commons Library (2018) Statutory commissions of Inquiry: the Inquiries Act 2005 Briefing paper no. SN064 10 at p. 24.

57 National Audit Office (2015) Conflicts of Interest. Available from: https://www.nao.org.uk/wp-content/uploads/2015/01/Conflicts-of-interest.pdf [Accessed November 2 2017] at pp 4 – 6.

58 Glazener C et al. (2016) Clinical effectiveness and cost-effectiveness of surgical options for the management of anterior and/or posterior vaginal wall prolapse: two randomised controlled trials within a comprehensive cohort study – results from the PROSPECT Study. HEALTH TECHNOLOGY ASSESSMENT 2016 VOL. 20 NO. 95 (SCIENTIFIC SUMMARY).

59 This is also discussed in Department for Constitutional Affairs 2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p. 14.

60 A table can be found which compares a principles-based approach as used by the UK versus a rules-based approach which is adopted in the USA to manages conflicts of interest. Ibid at p. 19.

61 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies at p. 35 [Accessed August 12 2018].

62 ICAEW (2018) Independence v objectivity: What is the difference? Available from: https://www.icaew.com/international-accounting-and-auditing/ethics-introduction-and-fundamentals/independence-v-objectivity-what-is-the-difference [Accessed August 26 2018].

63 ICAEW (2018) Independence v objectivity: What is the difference? Available from: https://www.icaew.com/international-accounting-and-auditing/ethics-introduction-and-fundamentals/independence-v-objectivity-what-is-the-difference [Accessed August 26 2018].

64 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies at p. 12 [Accessed August 17 2018].

65 Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p. 15.

66 Centre for Effective Dispute Resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies at p. 12 [Accessed August 17 2018].

67 Levitt, R & Solesbury W.,(2012) Policy tsars: here to stay but more transparency needed. Final report. Kings College, London at p.2 Available from: https://www.kcl.ac.uk/sspp/departments/politicaleconomy/research/Current-Research-Projects/tsarsreport/Tsars-Final-Report-Dec-2012.pdf [Accessed August 18 2018].

68 Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p. 16.

69 Available from: http://webarchive.nationalarchives.gov.uk/20150407084231/ http://www.midstaffspublicinquiry.com/report [Accessed September 10 2018].

70 Francis R (2013) Oral Evidence to the House of Lords Select Committee on the Inquiries Act 2005, House of Lords, Q205 cited in Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p.15.

71 http://www.parliament.scot/S4_ChamberDesk/WA20141029.pdf.

72 Monday, January 23 2017.

73 Northern Ireland Human Rights Commission submission to Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective Inquiries - Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p. 15.

74 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p. 15.

75 Id.

76 Centre for effective dispute resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies at p.14 [Accessed August 17 2018].

77 Centre for effective dispute resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies at p. 15 [Accessed August 17 2018].

78 The Independent Advisory Group on the Use of Biometric Data in Scotland, chaired by John Scott QC. Terms of reference and membership details available from: https://www.gov.scot/Resource/0052/00522483.pdf [Accessed August 19 2018]

79 The Hate Crime legislation Review, chaired by Lord Bracadale. Report available from https://www.gov.scot/Resource/0053/00535892.pdf and membership of the reference group detailed on p. 3. [Accessed August 19 2018]

80 The Commission on Women Offenders, chaired by the Right Honourable Dame Elish Angiolini DBE QC. The report is available from: https://www.webarchive.org.uk/wayback/archive/20170107101909/http://www.gov.scot/Resource/0039/00391828.pdf and membership detailed on p. 14.

81 The Scottish Government (2017) Final Mesh Report at p. 102.

82 Neil Findlay (Lothian) (Scottish Labour): To ask the Scottish Government what the terms of reference are for the independent review of the safety of mesh devices; who the members or the review group are; what the criteria for membership are, and whether it considers that the composition of the group represents a fair range of views. (S4W-22683) Available from: http://www.parliament.scot/S4_ChamberDesk/WA20141029.pdf.

83 http://www.parliament.scot/S4_ChamberDesk/WA20141029.pdf.

84 The Scottish Government (2017) Final Mesh Report at p. 102.

85 http://www.scottishmeshsurvivors.com/

86 The Scottish Government (2017) Final Mesh Report at p. 7.

87 This would include, for example, Royal College of Obstetricians and Gynaecologists, British Society of Urogynaecologists, Specialists in Public Health etc.

88 Baxter S, Clowes M et al. (2017) Supporting public involvement in interview and other panels: a systematic review. Health Expectations 20 5 807-817 at p. 807 Available from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5600233/ [Accessed August 19 2018]

89 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. p. 19 Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed August 19 2018].

90 Patient Voices, Insight through first person stories. Available from: https://www.patientvoices.org.uk/ [Accessed August 19 2018] see also, Heath S, (2017) How to Integrate the Patient voice into Healthcare Decision making.

Patient satisfaction news. Available from: https://patientengagementhit.com/news/how-to-integrate-the-patient-voice-into-healthcare-decision-making [Accessed August 19 2018].

91 Baxter S, Clowes M et al. (2017) Supporting public involvement in interview and other panels: a systematic review. Health Expectations 20 5 807-817 at p. 808 Available from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5600233/ [Accessed August 19 2018].

92 There is a large body of literature on this. See, for example, Mockford C, Staniszewska S et al (2011) The impact of patient and public involvement on UK NHS health care: a systematic review. International Journal for Quality on Healthcare. Available from: https://academic.oup.com/intqhc/article/24/1/28/1803627 [Accessed 19 August 2018]

93 Centre for effective dispute resolution (2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p 38 [Accessed August 17 2018]

94 Centre for effective dispute resolution( 2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p 38 [Accessed August 17 2018]

95 Leading governance (2013) The Nolan principles-20 years on… Available from https://www.leadinggovernance.com/blog/nolan-principles-20-years [Accessed August 29 2018]

96 Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. p. 30 Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed August 19 2018].

97 Howe G (1999) The Management of Public Inquiries. The Political Quarterly Publishing Co. Ltd pp 294- 304 at p 296, quoting Sir Cecil Clothier QC.

98 Minutes of Meeting 1, Monday 21 August 2014.

99 See the response at p.31. Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed August 19 2018].

100 Public Petitioners Committee Session (Session 5) Official Report , 28 September 2017 p 35

101 An ethnographic study is one that comes from ethnographic research, a qualitative method where researchers completely immerse themselves in the lives, culture, or situation they are studying.

102 This is an international scientific publication. https://www.nature.com/.

103 Smith M (2008) A practical guide to commissioning and conducting investigations and inquiries. Fieldfisher publications at para. 15. Available from: https://www.fieldfisher.com/publications/2008/12/-practical-guide-to-commissioning-and-conducting-investigations-and-inquiries [Accessed June 27 2017].

104 Sir Cecil Clothier quoted in Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective Inquiries Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p.48.

105 Capsticks, quoted in Department for Constitutional Affairs (2004) Response to Consultation [CP ( R ) 12/04] 28/09/2004 Effective inquiries-Summary of Responses. Available from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/consult/inquiries/inquiriesCPR-12-04.pdf [Accessed November 7 2017] at p.49.

106 Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p. 22.

107 Centre for effective dispute resolution( 2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p. 70 [Accessed September 6 2018].

108 Extract from the Minutes of the Independent Review, (paper no. IR/31) from meeting of May 28 2015.

109 Scientific Committee on Emerging and Newly Identified Health Risks (2015) Opinion on The safety of surgical meshes used in urogynecological surgery. European Commission. Available from: https://ec.europa.eu/health/scientific_committees/emerging/docs/scenihr_o_049.pdf [Accessed September 6 2018].

110 Glazener C M A, et al (2017) Mesh, graft or standard report for women having primary transvaginal anterior or posterior compartment surgery: two parallel-group, multicentre, randomised controlled trials (PROSPECT) the Lancet 389 10067 at pp 389-392.

111 We looked to see if the Cabinet Secretary was engaged in any particular activity around the time of the publication of the Interim Report. Two are worthy of note. First, on the 23^rd September 2015, the Cabinet Secretary references that the Interim report will be coming out at the end of the month or October. This was in response to an MSP asking when the interim results were to be released. http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10102 A more specific response on the publication date was provided a week later by the cabinet secretary http://www.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&ReferenceNumbers=S4W- 27810&ResultsPerPage=10 Second, the Cabinet Secretary also had an appearance in front of the Parliamentary Committee on the 6^th of October, which is maybe what that participant was referencing, rather than say a parliamentary debate. http://www.parliament.scot/S4_PublicPetitionsCommittee/Meeting%20Papers/20151006_Papers.pdf.

112 Francis R (2013) Oral Evidence to the House of Lords Select Committee on the Inquiries Act 2005, House of Lords, Q205 cited in Institute for Government((2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p.22.

113 This was held on January 23 2017.

114 Extract from the Minutes of the Independent Review, (paper no. IR/46) from meeting of January 23 2017.

115 Extract from the Minutes of the Independent Review, (paper no. IR/09) from meeting of August 25 2014.

116 This was a written submission to the Committee on May 8 2017. See also, Public Petitions Committee (2018) PE1517 Polypropelyne Mesh Medical Devices, 4^th report session 5 para 112-116 available from: https://sp-bpr-en-prod-cdnep.azureedge.net/published/PPC/2018/8/21/PE1517---Polypropylene-Mesh-Medical-Devices/PE1517%20-%20Polypropylene%20Mesh%20Medical%20Devices.pdf [Accessed September 5 2018].

117 Public Petitions Committee (Session 5), Official Report, 18 May 2017, col,10.

118 Public Petitions Committee (Session 5), Official Report, 18 May 2017, col, 10.

119 Nordquist R (2018) Definition of Appendix in a Book or Written Work https://www.thoughtco.com/what-is- appendix-composition-1689125.

120 Gerson S & Gerson S (2000) Technical Writing: Process and Product (3^rd edition) ISBN- -0-13-020871-X

121 Public Petitions Committee. PE1517/JJ Petitioners’ submission of 8 May 2017. para 10. available from: https://www.parliament.scot/S5_PublicPetitionsCommittee/Submissions%202017/PE1517JJ_Petitioner.pdf [Accessed September 12 2018].

122 See also, Public Petitions Committee (2018) PE1517 Polypropelyne Mesh Medical Devices, 4^th report session 5 para 112-116 paragraphs 127-128. Available from: https://sp-bpr-en-prod-cdnep.azureedge.net/published/PPC/2018/8/21/PE1517---Polypropylene-Mesh-Medical-Devices/PE1517%20-%20Polypropylene%20Mesh%20Medical%20Devices.pdf [Accessed September 14 2018]

123 The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women Interim Report. (2015) at p. v Available from: https://www.gov.scot/Resource/0048/00486661.pdf. The Scottish Independent Review of the Use, Safety and Efficacy of Transvaginal Mesh Implants in the Treatment of Stress Urinary Incontinence and Pelvic Organ Prolapse in Women Final Report. (2015) at p. 2 Available from: https://www.gov.scot/Resource/0051/00515856.pdf [Accessed September 12 2018]

124 Centre for effective dispute resolution( 2015) Setting up and running a public Inquiry. Guidance for chairs and commissioning bodies. Available from: https://www.cedr.com/docslib/CEDR_Setting_Up_and_Running_a_Public_Inquiry_-_Guidance_for_Chairs_and_Commissioning_Bodies.pdf at p. 20 [Accessed September 6 2018].

125 Report of the Scottish Prisons Commission. Chaired by the Rt. Hon. Henry McLeish. Available from: https://www.webarchive.org.uk/wayback/archive/20170104170934/http://www.gov.scot/Resource/Doc/230180/0062359.pdf [Accessed September 6 2018].

126 Independent Review of Transvaginal Mesh Implants. chaired by Dr. Lesley Wilkie(Interim Report) and Dr. Tracey Gillies(Final Report). Available from: https://www.gov.scot/About/Review/Transvaginal-Mesh-Implants [Accessed September 8 2018].

127 National Cremation Investigation. Chaired by the Rt. Hon. Dame Elish Angiolini DBE QC. Available from: https://www.gov.scot/Resource/0050/00503329.pdf [Accessed September 6 2018].

128 Use Biometric Data and Technologies. Chaired by John Scott QC. Available from: https://www.gov.scot/Resource/0053/00533063.pdf [Accessed September 6 2018].

129 Institute for Government (2017) How Public Inquiries can lead to change. Available from: https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public%20Inquiries%20%28final%29.pdf [Accessed July 29 2018] p. 12.

130 This has been based upon when the Review was commissioned (June 2014) until its Final Publication(March 2017).

131 Byrkjeflot H, du Gay P, (2012), Bureaucracy: An Idea Whose Time has Come (Again)?, in Thomas Diefenbach, Rune Todnem By (ed.) Reinventing Hierarchy and Bureaucracy – from the Bureau to Network Organizations (Research in the Sociology of Organizations, Volume 35) Emerald Group Publishing Limited, pp. 85 - 109

132 Cabinet Office (2001) A Guide to Minute Taking. Published 2011. Available from: https://www.gov.uk/government/publications/guide-to-taking-minutes [Accessed September 12 2018]. 133 Veerman E (2017) What are meeting minutes and why are they important? Available from: https://gaiku.io/blog/what-are-meeting-minutes/ [Accessed September 12 2018].

134 Id.

135 National Centre for Research Methods (2017) Guidance for recording and circulating minutes. Available from: http://www.restore.ac.uk/mrp/services/ldc/mrp/resources/communication/recording.shtml [Accessed September 12 2018].

136 Monday August 21 2014.

137 Thursday October 2 2014.

138 Her apologies are noted meetings of Monday 23 January and Monday March 6 2017.

139 Monday March 30 2015.

140 The National Archives(2016) Available from: http://www.nationalarchives.gov.uk/documents/archives/archive-principles-and-practice-an-introduction-to-archives-for-non-archivists.pdf [Accessed September 20 2018]

141 Data archiving (2016) Available from: https://searchdatabackup.techtarget.com/definition/data-archiving [Accessed September 20 2018]

142 Archived and available from: http://www.gov.scot/Topics/Health/Policy/BurialsCremation/CremationCommission [Accessed June 27 2018].

143 Archived and available from: https://www.webarchive.org.uk/wayback/archive/20170105091255/http://www.gov.scot/About/Review/motorsport-event-safety-review [Accessed June 27 2018].

144 https://www.webarchive.org.uk/wayback/archive/20170105091255/http://www.gov.scot/About/Review/motorsport-event-safety-review.

145 Section 40 of the Inquiries Act 2005.

146 Public Administration Select Committee, Government by Inquiry, HC 51-1 2004-05, 2005, p 15 cited in House of Commons Briefing Paper, Statutory Commissions of Inquiry: The Inquiries Act 2005 (2018) at p. 18.

147 National Audit Office (2018) Investigation into Government Funded Inquiries. Available from: https://www.nao.org.uk/wp-content/uploads/2018/05/Investigation-into-government-funded-inquiries.pdf [Accessed September 10 2018] at p 4.

148 Sulitzeanu-Kenan (2007) Scything the grass: agenda setting consequences of appointing public inquiries in the UK. A longitudinal analysis. Policy and Politics Vol. 35 4 629-650 at p 630.

149 Id.