On 31 August, the UK Covid-19 Inquiry announced the opening of its second investigation, which will look at the core political and administrative decision-making of the UK and devolved governments. 

The second investigation is split into four parts: Modules 2, 2A, 2B, and 2C. Module 2 is concerned with the decision-making of the UK Government, with Modules 2A, 2B and 2C covering the decision-making of the Scottish Government, Welsh Government and the government in Northern Ireland respectively. The Scottish Government have launched their own public inquiry to examine the handling of Covid-19 in Scotland, with terms of reference set by the Scottish Government.

Whilst the scope of this phase of the Inquiry is still subject to comments from core participants and counsel, the Inquiry has published outline scopes for each constituent module which all include the same key lines of enquiry (which will be applied to the different administrations):

  • The structures and bodies concerned with the relevant government’s response to the pandemic and their communications with the UK Government (where relevant), the other devolved administrations and local authorities within the relevant nation.
  • The initial understanding of, and response to, the nature and spread of Covid-19 in light of information received from the UK Government (where relevant), the World Health Organisation and other relevant international and national bodies, advice from scientific, medical and other advisers and the response of other countries. With regards to Module 2 only (UK Government), this will include the government’s initial strategies relating to community testing, surveillance, the movement from ‘contain’ to ‘delay’ and guidance and advice to health and social care providers.
  • Decision-making in relation to the imposition or non-imposition of non-pharmaceutical interventions (NPIs), including lockdowns, local restrictions, circuit-breakers, working from home, reduction of person-to-person contact, face-coverings, social distancing and border controls. The Inquiry will look at the degree of and rationale behind the differences in approach taken in the different nations, the timeliness and reasonableness of the NPIs, the development of the approach to NPIs in light of the governments’ understanding of their impact on transmission, infection and death and how vulnerable groups were identified and how the impacts of NPIs on such groups were assessed.
  • Access to and use in decision-making of medical and scientific expertise, data collection and modelling relating to the spread of the virus and the relationship between and operation of systems for the collection, modelling and dissemination of data (and, in relation to Module 2, how this data was shared between government departments, and between the UK Government, the NHS and the care sector).
  • Public health communications in relation to steps being taken to control the virus.
  • The public health and coronavirus legislation and regulations that were proposed and enacted, and their proportionality and enforcement.

Module 2C will also look at the impact of the absence of Ministers and the Executive in Northern Ireland from early 2017 to 11 January 2020, the extent to which decisions were informed by the response of the government of the Republic of Ireland and the impact of the funding of the Northern Ireland pandemic response on such decision-making, including funding received from the UK Government.

In terms of timeframes, the Inquiry is planning to hold preliminary hearings for all modules within Module 2 from late autumn. For Module 2 (UK Government), witnesses are expected to give evidence in summer 2023. Subsequently, evidentiary hearings for Modules 2A, 2B and 2C will be held in Scotland, Wales and Northern Ireland. 

The application process to become a core participant for Modules 2, 2A, 2B and 2C opened on 31 August and will close on 23 September.

The window for applying to become a core participant for Module 2 is short. Organisations who wish to apply should use the next fortnight to gather the relevant evidence and make their submissions.

At Bates Wells, we are well placed to assist in these tasks, so please do get in touch if you would like to discuss your organisation’s requirements.