Blog: 5 August 2022 - Weightmans, Corporate Partner

UK Covid Inquiry – Investigations Begin
 
The Inquiry has published details of the first investigations and its document protocol. This has important consequences for local government.

Modular Investigations

The Inquiry will take a Modular approach to its investigations, looking at the Pandemic response in sections matching its Terms of Reference. On timings, Baroness Hallet commented, “I will open the first three modules and hold preliminary hearings this year, with substantive public hearings beginning in late Spring 2023.” The deadline for applying to become a Core Participant in Module 1 is 16th August so time is tight.
 
Module 1 will consider the extent to which the risk of a Coronavirus pandemic was properly identified and planned for and whether the UK was ready for that eventuality. The application process for those who wish to be considered as Core Participants to Module 1 has begun.

Module 2 will look at core political and administrative governance and decision-making for the UK. It will cover the initial UK response to the Covid-19 pandemic and address central Government decision-making, including political and civil service performance and the effectiveness of relationships at all levels of government (including local government).

Module 3 will examine the impact of Covid, and of the governmental and societal responses to it, on healthcare systems generally and on patients, hospital and other healthcare workers and staff.

Document Protocol

Matters are moving apace. The Inquiry has now published its protocol for disclosure. This covers what organisations (‘Material Providers’) should do when contacted by the Inquiry for paperwork. It contains some important early messages:

• The Chair expects that any person to whom a Rule 9 request is addressed will cooperate with the Inquiry and provide all relevant material without the need for her to exercise her powers of compulsion of documents or evidence. However, the Chair will consider exercising her powers under section 21 of the Inquiries Act 2005 if the response to such a request is refused, incomplete, or not provided by the deadline.
• Material Providers, including legal representatives, should provide documents requested by the Inquiry, together with any other documents they consider relevant, within the time limits specified by the Inquiry.
• The Inquiry expects that once a Material Provider has identified relevant documents in response to a Rule 9 request, every care is taken to ensure that all such documents are preserved in their original form, in accordance with paragraph 4 above. Original copies of documents provided electronically should not be destroyed during the life of the Inquiry.

The note continues with detailed instructions on how to submit documents. The Inquiry is very serious about this. If you are asked for papers, read the Protocol…

The Inquiry will be publishing regular updates, so it is advisable to keep monitoring its website. 

Weightmans and LLG will also keep you posted.
 
Henry Bermingham

Partner 

Weightmans LLP