- WhatsApp message controversy
- Denial and criticism
- Misleading allegations and redacted advice
On Wednesday, Deputy First Minister Shona Robison was compelled to disclose a timeline of events in which it was revealed that the inquiry had requested WhatsApp messages in February, not September, as had been previously stated.
Humza Yousaf denies manipulating the Holyrood, but opposition leaders have criticised his government’s COVID-19 inquiry.
Clarification and Admittance of Narrow Interpretation
During First Minister’s Questions on Thursday, under pressure from Scottish Conservative leader Douglas Ross. The first minister did concede that the Scottish government had “overly narrowly” interpreted requests for communications from the inquiry.
On Wednesday, Deputy First Minister Shona Robison was compelled to disclose a timeline of events in which it was revealed that the inquiry had requested WhatsApp messages in February, not September, as had been previously stated.
Timeline and Request for Information
Ms. Robison said the deadline was set after the panel requested a more detailed Scottish government information request plan.
When challenged by Mr. Ross if he “did not tell the truth,” the first minister said, “I categorically deny that. It is evident that I was referring to particular WhatsApp communities.
I wholeheartedly concur with the inquiry that our interpretation of their requests was overly limited in scope. As a result, we have since responded to the inquiry with 14,000 communications.
The Scottish government fulfilled its deadline of Monday for the submission of the messages to the inquiry. They delivered the first minister’s personal correspondence unaltered, as it had declared last week.
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Subsequently, Mr. Yousaf attempted to establish parallels between his administration and that of the United Kingdom. He said the UK “went to court” over communications disclosure and has no “aversion to scrutiny.
Mr. Ross informed Mr. Yousaf, in reference to the policy of the Scottish government to delete informal messages after 30 days, that “his predecessor and others in government have been deleting messages to evade scrutiny.”
Mr. Ross, citing Ms. Robison and Mr. Yousaf’s prior statements, stated: “The two highest-ranking officials in the Scottish government have confirmed that the UK COVID-19 inquiry commenced its request for communications in September.
“It wasn’t a slip of the tongue, it wasn’t an honest mistake, it was deliberate.”
According to the Scottish government’s schedule, the investigation requested preliminary messages in November. They were seeking information regarding “the degree of informal or private communication pertaining to significant decision-making.” Specifically, the inquiry sought information regarding the existence of WhatsApp groups (or alternative group chat platforms) utilized by key decision-makers to discuss or execute such matters.
A comprehensive request was issued in February of this year, encompassing a broader scope: “Provide any communications pertaining to critical decisions that are held by the Scottish government,” such as text messages, WhatsApp messages (on private or personal devices as well as Scottish government-owned devices, and internal and external emails.
The first minister and his deputy, according to Mr Ross, were “caught red-handed in a cover-up.”
He further stated, “They deliberately provided false statements to this chamber.”
Allegations of Misleading and Redacted Legal Advice
Is it not indisputable that Shona Robison and Humza Yousaf misled the parliament?
The first minister replied, “That is not the case.”
Mr. Yousaf also made multiple attempts to redirect the conversation to the revelations that have surfaced this week at the inquiry, specifically mentioning cabinet secretary Simon Case’s comparison of working in Boris Johnson’s administration to “taming wild animals.”
Anas Sarwar, the leader of the Scottish Labour Party, reacted negatively to the redacted legal advice provided to the inquiry.
Lead counsel Jamie Dawson KC stated in a note to the inquiry last month that the Scottish government had been asked to waive legal privilege for advice provided by law officers during the pandemic in August. The request had been “discussed on several subsequent occasions,” but “no formal response has been forthcoming to date.”
With hearings on the Scottish government’s management of the pandemic scheduled to begin early in the new year, Mr. Dawson further stated, “We are rapidly approaching a juncture where any benefit derived from such a waiver will become superfluous.”
Mr. Sarwar issued the following challenge to the first minister: “It is abundantly obvious that the first minister has lost control of his administration and has seemingly deceived the legislature on multiple occasions.
“Official cooperation and complete transparency were expected from this government; however, these expectations have not been fulfilled.
“The government’s legal advice has been incomplete and, in some instances, nearly entirely redacted.” Attorney for the inquiry stated that this means the investigation is unable to perform its intended duties in their entirety.
“Likely with the assistance of legal counsel, significant decisions were made throughout the pandemic. Including lockdowns, discharge to care facilities, and do not resuscitate notices.” This is therefore extremely essential.
Withholding this important evidence is a crime for COVID victims, their families, and those at home during lockdowns and closures.
Mr. Yousaf verified that the redactions were necessitated by concerns regarding legal privilege, further stating: “Therefore, undoubtedly, a dialogue with our legal personnel would be required to determine what may remain undeleted.
In situations where unaltered information transmission is feasible, I, as the head of government, have the utmost confidence that the requested information shall be furnished in its entirety, without any redactions.
