The Scottish Conservatives have accused Humza Yousaf of a “shocking display of secrecy” after it emerged that the SNP Government is refusing to hand over WhatsApp messages to the UK Covid Inquiry.
On Thursday morning, Jamie Dawson KC, counsel to the Covid-19 Inquiry, said that the SNP Government were asked to provide all communications related to key decisions made during the pandemic.
However, Mr Dawson added: “No clear comprehensive response emerged in the corporate statements from the Scottish Government...No messages were provided.”
At First Minister’s Questions, Scottish Conservative Leader Douglas Ross said the refusal to disclose messages was “an insult to grieving families” that “would potentially break the law”.
The Counsel to the inquiry also revealed today that witness statements “suggest that informal communication such as WhatsApp messages were used by key decision makers to discuss matters around the progress of the pandemic in Scotland” and “decisions that the Scottish Government might have to take”.
Jamie Dawson KC also said that one Scottish Government official has voluntarily handed over WhatsApp messages from during the pandemic.
In May this year, asked a direct question by a journalist, Humza Yousaf said if a request for messages including WhatsApps was made, the Scottish Government should be “absolutely open and transparent”.
In June, in this chamber, the First Minister told the Scottish Parliament: “WhatsApp messages, emails, Signal messages, Telegram messages or whatever will absolutely be handed over to the Covid inquiries and handed over to them in full.”
The Scottish Government has records management policies requiring officials to retain records.
Scottish Conservative Leader Douglas Ross said: “Grieving families deserve answers and full transparency from the SNP Government.
“But Humza Yousaf has not handed over key messages to the Covid Inquiry. They seem to have vanished, they may even have been deleted.
“The SNP leader’s excuses are weak and flimsy. We know one Scottish Government official has volunteered messages to the inquiry, proving that they do exist, and it has been reported that SNP Government ministers, including Humza Yousaf, routinely use WhatsApp to discuss government matters.
“The Covid inquiry has powers to compel evidence and the Scottish Government has record management policies that require it to retain information, so deleting these messages would potentially be illegal.
“Refusing to hand over these messages would be an insult to grieving families, a shocking display of secrecy, and it would potentially break the law.
“Humza Yousaf must come clean about where the messages have gone. If they have been deleted, that would be illegal.
“Why is he hiding these messages from grieving families who deserve answers? Why won’t Humza Yousaf be transparent and release all information his government holds?”
Notes
Humza Yousaf appears to have misled parliament. Humza Yousaf said: “The Scottish Government does not make decisions through WhatsApp. That’s not what we routinely did…routinely decisions were not made over WhatsApp.”
Jamie Dawson KC, counsel to the Covid Inquiry, said: “Some of the witness statements that we have received from key decision makers from within the Scottish Government now suggest that informal communication, such as WhatsApp messages, were used by key decision makers to discuss matters around the progress of the pandemic in Scotland, to discuss advice received in relation to the pandemic, and to discuss the nature of the decisions that the Scottish Government might have to take.”
Destroying relevant WhatsApp messages or withholding them from the Covid inquiries is against the law.
“There is an offence under section 35 of the Inquiries Act 2005 of altering, destroying or preventing relevant documents from being provided to the Inquiry.” https://www.covid19inquiry.scot/sites/default/files/2023-03/Do_not_destroy_letter.pdf
The Scottish Government is facing legal action over its non-disclosure. Humza Yousaf said: “There are some messages that we are going to continue to provide but we have to go through the appropriate processes.”
Jamie Dawson QC said: “The inquiry is currently considering what steps to take next. This may involve issuing further rule nines, or indeed section 21 notices [to require production of evidence], to ensure that important details of the position are revealed, and revealed fully, to the inquiry.
Whatever route is deemed appropriate, a swift response will be expected.”
The Scottish Government is required to retain WhatsApp messages relevant to policymaking.
In response to a written question in March, the Scottish Government said: “Substantive government business and communication between Ministers and officials is normally conducted using email on the SCOTS IT platform. Mobile messaging apps can be a useful communication tool to support the delivery of business, particularly in relation to business continuity or staff welfare. We have a clear policy whereby any information which relates to the substance of government decision making must be transposed to the official record and retained.” https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S6W-15654