In May 2021 the Prime Minister announced that there would be a full scale inquiry into the Covid-19 pandemic. The Inquiry is set to examine the UK’s preparedness and response to the Covid-19 pandemic and to learn lessons for the future. The Inquiry’s Chair, Baroness Hallett, has committed to running an independent, thorough and open Inquiry. The Chair has indicated that she hopes to begin public hearings in 2023.
One of the initial actions of the Inquiry was to write to Permanent Secretaries explaining the obligation to preserve material relevant to the Inquiry (including all correspondence including messages on social media platforms such as WhatsApp), pursuant to the Inquiries Act 2005 and reminding them that departments risk criminal prosecution for any attempt to alter, destroy or prevent release of documents. Departments and devolved administrations were asked to take steps to ensure that they communicated with all relevant bodies including any who exercised public functions, to remind them of their obligations regarding the preservation of material of potential relevance.
On 10 March 2022, the Inquiry’s draft Terms of Reference were published and a public consultation commenced on the draft Terms of Reference which runs to 7 April.
There is a limited period of time to respond to this consultation and have your say on the draft Terms of Reference. This is an important step and organisations should take the publication of the draft Terms of Reference as a signal that the Inquiry is set to get underway with gathering evidence in the near future and take steps to prepare accordingly.
The Inquiry will involve organisations in the health and care sectors and those in local government, education, housing and organisations supporting the homeless. The Inquiry is also set to consider the impact of the pandemic and the steps taken by government, for example the impact of restriction regulations on those in the leisure and travel industries.
The draft Terms of Reference set out the scope and aims of the Inquiry and these are predictably very wide ranging. The functions of and actions taken by a wide range of departments and organisations will be examined as part of the Inquiry. The following is a summary of some of the topics which the Inquiry will look into:
Specifically, in relation to the health and care sector across the UK, the Inquiry will look at a range of issues which include (but are not limited to):
The final area of inquiry will look at the economic response to the pandemic and its impact, including government interventions by way of:-
The consultation on the draft Terms of Reference is not an invitation for organisations, departments or the public to submit evidence. The purpose of the consultation is to seek views on:
The Inquiry website has confirmed that once the Terms of Reference are finalised, more detail will be made available on the different areas of investigation and the gathering of evidence.
The Inquiry has said that it will publish a summary of the consultation responses when it shares its recommended Terms of Reference with the Prime Minister.
Organisations should now carefully consider whether they wish to make any representations on the Inquiry’s draft Terms of Reference, either by way of online response or through engagement with representative groups or if appropriate, via the proposed series of round table discussions. Organisations will likely wish to consider:
To find out more about how we can help, please contact Ian Manners, Partner in our Business Risk and Regulation team.