Covid-19 Inquiry Response Team: FOI release

Information requested

1. The date on which the Response Team was established and the Minister responsible for its work.

2. The number of civil servants working within the Response Team, broken down by civil service grade.

3. The dates on which members of the Response Team have met with lawyers from a) the UK Covid Inquiry and b) the Scottish Covid Inquiry. Please also provide a copy of the agendas, minutes and correspondence relating to these meetings.

4. The individuals for whom the Response Team is coordinating their evidence and response to the Covid inquiries, as referenced by the counsel to the UK Inquiry on 26 October 2023. If you cannot provide all names, please indicate which Ministers, former Ministers and senior officials are included within the list and the number of other individuals, broken down by Scottish Government directorate.

Response

I enclose some of the information you have requested. The answers to your questions are:

1. The Scottish Government team responsible for responding to the Covid-19 public inquiries was established in July 2021. Portfolio responsibility sits with the Deputy First Minister.

2. As of 6 November there are 40 civil servants working within the Covid Inquiries response team. The breakdown by grade is

• Director x 2 (1 of which is providing part time support)
• Deputy Director x 3 (1 of which is providing part time support)
• C2 x4
• C1 x8
• B3 x 4
• B2 x10
• B1 x3
• Graduates on Development Programme x6

3. While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under sections 30(b)(ii) and 30(c) of FOISA applies to the information requested.

30(b)(ii) (free and frank exchange of views) applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises that disclosing the content of free and frank discussions between the Response Team and Lawyers for both the Scottish and UK Covid-19 Inquiries will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and these discussions relate to sensitive issues.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this part of your request, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in allowing the Inquiries to carry out their investigation without any impediment, and to allow for continued free and frank exchange of information between the Scottish Government and both the Scottish and UK Covid-19 Inquiries.

In addition, an exemption under section 30(c) of FOISA applies to the information you have requested. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. We consider that the release of information you have requested would negatively impact the effective conduct of both the Scottish and UK Covid-19 Inquiries and substantially prejudice ongoing independent investigations.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this part of your request , we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. As such, whilst details of any such meetings with both the UK and Scottish Covid-19 Inquiries may be of interest to the public, in the long term it is in the interest of the public for this material to remain confidential to allow both Inquiries to successfully formulate lessons that we can learn from for future pandemics.

4. While our aim is to provide information wherever possible, in this instance we are unable to provide the information you have requested because it is contained in a document(s) where an exemption under section 37(1)(b)(i) (lodged with a person conducting an inquiry or arbitration) and section 37(1)(b)(ii) (created by a person conducting an inquiry or arbitration) apply to your request. These would apply because the Scottish and UK Covid-19 Inquiries are ongoing public inquiries, and the content of any request for information, and subsequent response, would fall under these exemptions.
Furthermore, the release of information relating to the investigation of the inquiries would negatively impact the effective conduct of the Inquiries and substantially prejudice ongoing independent investigations.
This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.