 Gwaith yn y tîm ff commodity bywyd y gwaith bywyd yn Gwyrryd Cwyrryd Rydw iiden ni. Mae'r Gwyrryd Rydw i'r gwaith yn gwybod wedi cael mynd i'r gwaith, mae ydych chi fyddai i gwybod i'r ffordd o gweithio? Mae'n gwybod i'r Gwyrryd Rydw i'n gwybod i'r gwedd an og yn 10 mae gwahol. Rydw i gymryd i'r gwaith y Plyguedd mewn ffórdigolion o y gwaith y Pw quality bywyd yn Gwyrryd Cwyrryd Rydw i'r gweithiad I will announce a new chair and an amendment that will be made to the inquiry's terms of reference. I begin by repeating my condolences to those bereaved during the pandemic. I also repeat my conviction that the Scottish Covid-19 inquiry must help to provide the answers for which those individuals and others affected by the pandemic's search. In fulfilling our commitment to establish a public inquiry into the handling of the pandemic in Scotland, the Government took time to meaningfully and openly engage with the public on draft aims and principles for the Scottish inquiry. I again express my thanks to everyone who engaged with me and my officials during that important work around the design and scope of the inquiry. On 14 December 2021, I announced to Parliament the establishment of the Scottish Covid-19 inquiry under the Inquiries Act 2005. Under the 2005 act, ministers have the power to establish an independent public inquiry to set terms of reference and to appoint a chair and panel. In my December statement, I announced the terms of reference of the Scottish Covid-19 inquiry and the appointment of the Honourable Lady Poole to be its chair. On 9 June 2022, I announced to Parliament three amendments to those terms of reference. The amendments were designed to clarify the scope of the inquiry following a period of reflection. My statement in June was intended to be the final word from Government on the establishment of the inquiry. In particular, I expected that statement to be my last word on the terms of reference, thereafter they move over to the inquiry itself. Section 17 of the 2005 act gives an inquiry chair alone, rather than ministers, responsibility for deciding how an inquiry should operate. It was and is for the Scottish Covid-19 inquiry itself to comment on its work. On 30 September, I was given notice by Lady Poole that she intended to step down from the role of chair of the Scottish Covid inquiry for personal reasons. The Scottish Government was not given any indication before 30 September that Lady Poole had intended to resign. However, ministers fully respect Lady Poole's decision and I accepted notice of her resignation. The Scottish Government is grateful to Lady Poole for the work she has undertaken since the establishment of this inquiry. I thank Lady Poole for her work and wish her well. The Scottish Government has always been clear that we want the inquiry to be delivered at speed and to address the range of questions that people have, the bereaved in particular, so that we can learn and benefit from those lessons as early as possible. I am acutely aware from recent discussions with bereaved families representatives how important it is that there be no delay to the inquiry arising from the resignation of Lady Poole's chair. That is why arrangements for identifying a new chair for the inquiry have been taken forward as a matter of urgency in order to ensure a swift and successful transition. To that end, I have liaged with the Lord President regarding the appointment of a new judicial chair in line with our previous commitment to having the Scottish inquiry led by a judge. I would like to thank the Lord President for his engagement and his co-operation on the matter. I have benefited from the insights and reflections of bereaved family groups about what they would want to see from a new inquiry chair and I am especially grateful to them for their engagement at this time. As a result of this work, I am pleased to be able to announce that the Honourable Lord Brailsford, a sitting senator of the College of Justice of Scotland, will be the new chair of the Scottish Covid-19 inquiry and will assume the role of chair of the inquiry tomorrow. I am confident that Lord Brailsford will bring his extensive experience as a long-serving senator of the College of Justice to the role of chair of the inquiry and will approach its work in a way that properly addresses the need for answers to questions posed by those who have suffered through the pandemic. From my interactions with Lord Brailsford, I know that he is keenly aware of the need to ensure that the inquiry progresses and delivers at pace in order that the lessons can be learned within a timescale which will make them applicable and useful. I am also assured that Lord Brailsford will undertake the role of chair in an inclusive way with sensitivity, empathy and compassion and I am confident that Lord Brailsford will see that full scrutiny is applied in all directions that are required to ensure that this inquiry provides the answers that it has been established to find. I have asked Lord Brailsford at the earliest opportunity to meet with bereaved families so that he may hear at first hand their perspective about the inquiry and its approach. Lady Poole undertook in her resignation to support and assist with the transition to her successor. It will now be a matter for Lord Brailsford to determine how those handover arrangements will work in practice to best support continuity within the work of the inquiry. The Scottish Government in its role as sponsor of the inquiry will provide operational support as the chair considers necessary and appropriate in order to enable the inquiry to continue its independent work and ensure the progress made so far by the inquiry is maintained. I can also announce today that the terms of reference for the inquiry will be supplemented in one important respect. This amendment has been discussed with Lord Brailsford and is designed to provide absolute clarity of the Government's desire that the inquiry be taken forward in a way that supports our commitments to a person-centred and human rights-based approach. The terms of reference for the inquiry currently set out 12 areas of investigation each covering a strategic element of the handling of the pandemic. In investigating those 12 strategic elements, the terms of reference ask the chair to consider the impacts of handling of the pandemic on the exercise of convention rights as they see appropriate and to create a factual record of the key strategic elements of the handling of the pandemic. In my June statement we amended the terms of reference including to expressly highlight the consideration of disparities by way of amendment to the terms of reference which encompasses unequal impacts on people. Today I can confirm that we will make one further addition to the reporting requirements in the terms of reference effective from the formal appointment of Lord Brailsford as inquiry chair. Specifically, this change will require the inquiry and I quote, to demonstrate how a human rights-based approach by the inquiry has contributed to the inquiry's findings in fact and recommendations. This will coexist with current references in the terms of reference to convention rights and to considering unequal impacts on people. The operation in practice of a human rights-based approach will still and must still lie in the hands of the inquiry chair. But this amendment reflects a joint commitment between Scottish ministers and the new chair that the inquiry take a person-centred human rights-based approach to ensure that every person and organisation taking part can meaningfully participate, be treated fairly and be empowered to take part in the inquiry. I'm grateful to Lord Brailsford for supporting this amendment, the announcement of which I hope gives confidence to bereave families and to others about the future direction of the inquiry. Presiding Officer, the inquiry operates independently of government which is a key to its integrity and within the legal regime under which it has been established. The 2005 act sets out a clear framework for the independent functioning of the inquiry. This statement fulfills my duties under the act to inform Parliament of my intention to appoint a new chair. I've also set out today my intention to change the inquiry's terms of reference and how this will be done. An inspired parliamentary question to be answered tomorrow will fulfil the duty under the act to set out the terms of reference as amended and confirm that they have taken effect. I should also note that no panel members will be appointed today and that will be for Lord Brailsford to consider whether to appoint any assessors to provide expertise on particular subjects or any other assistance to the inquiry. From my own and the First Minister's interactions with Lord Brailsford, I'm left with no doubt that he is fully qualified for the demanding task put in front of him. I express my gratitude and that of the First Minister to Lord Brailsford for his agreement to take on this important role on behalf of the people of Scotland. I reiterate that the Scottish Government undertakes to engage fully to support Lord Brailsford and the inquiry in the vital task before them. Thank you, Mr Sonny. The Cabinet Secretary will now take questions on the issues raised in his statement. I intend to allow you around 20 minutes after which we'll need to move on to the next item of business. I'd be grateful if members wish to ask a question and we have not already done so. Press the request of big buttons now or as soon as possible. I call Dr Sandra Scullhoney. In the gallery today is Caroline MacDonald. She is a long Covid sufferer and is here at personal cost to her health and well-being tomorrow. Long Covid has devastated her life, but we know that it's also devastated the lives of over 200,000 other Scots, all long Covid sufferers. Everyone in Scotland will be dismayed by the resignation of Lady Poole. And there are still many unanswered questions regarding the resignation of Lady Poole, and I hope the Cabinet Secretary will explain these in due course. I welcome the appointment of Lord Brailsford. In the past, the tram and hospital inquiries have been besets with delays. With the resignation of Lady Poole, can the Cabinet Secretary guarantee this will not happen again and can he commit to long Covid being included in the inquiry? First of all, can I express my good wishes to Caroline MacDonald in the gallery today? I understand and fully appreciate... Well, I actually can't fully appreciate the impact of long Covid personally because I have not experienced it, but to individuals I understand the suffering and the endurance that is involved. And the Government, of course, is entirely focused on ensuring that we address the clinical needs of individuals who experience long Covid. In relation to the conduct of the inquiry, as Dr Gohani will know, inquiries, by their nature, particularly those set up under the Inquiries Act, must operate independently of government. So the operation of the inquiry is a matter entirely for its chair. As I have indicated to Parliament, I very much regret the fact that Lady Poole felt it necessary to tender her resignation. She did so, I respect those reasons and that is the end of the matter. I have moved swiftly to replace Lady Poole with judicial leadership of the eminence of Lord Brailsford who will be able to start his activities in leaving the inquiry tomorrow. I am very grateful to the Lord President and to Lord Brailsford for the substantial amount of information that has been involved in enabling that to be the case. Of course, the issues that Dr Gohani raises about long Covid are all legitimate issues to be raised as part of the inquiry, but it is wrong for me to prescribe beyond the setting of the terms of reference what should be discussed in the inquiry. That is a matter for Lord Brailsford to determine within the scope of the remit. Jackie Baillie. I thank the Deputy First Minister for advance sight of his statement of the appointment of Lord Brailsford as the new chair and wish him well as he undertakes this incredibly important work. It is essential that there are no delays to the work of this inquiry in order to retain the confidence of those who lost loved ones to Covid. I do note, however, that the Deputy First Minister makes no mention as to the appointment of new senior counsel given their resignation at the same time as Lady Poole. I wonder whether he can advise of the likely timescale that the chair will take this forward. When I raised this matter earlier this month, the Deputy First Minister was keen to quote section 17 of the Inquiries Act at Me as an attempt, I think, to avoid comment on the resignation of senior counsel, but it is true in the same act that there are other sections that permit him to engage with organisational matters. Let's be clear, he must not interfere with the evidence-finding activities of the inquiry, but he has a responsibility and indeed a duty, quite frankly, to support the chair and ensure that the inquiry can function well. As such, can he tell me what delay will there be for the work of the inquiry? Will he ensure that the chair has all the necessary resources required? And should he wish to, that the chair can appoint people to staff the inquiry who are entirely independent of Government and finally, will he confirm in a follow-up to my colleague Sandish Gulhane's question that consideration of the impact of long Covid is actually within the scope of the terms of reference of the inquiry? Presiding Officer, there's a lot in there, but I shall endeavour to work my way through. First of all, I welcome Jackie Baillie's comments in relation to Lord Balesford's appointment. When I spoke with Lord Balesford on Tuesday to advise him of my intention to appoint him, he indicated to me and he has said this in his public statement this afternoon that he believes that to be anhonored to be invited to lead this inquiry and I think that speaks for what Lord Balesford will bring to the inquiry. He realises its significance. The other thing which I've said in my statement I asked Lord Balesford to do was to engage with Bury families and he has agreed to do that as an early priority because I totally accept the importance of ensuring continued confidence and indeed just before I came into Parliament this afternoon I have three separate discussions with Bury families groups to advise them of the contents of the statement. In relation to the conduct of the inquiry and the appointment of senior councillor, it's not a pedantic point about section 17. There are very good reasons why the Government is not close to these matters and should not be close to these matters. Those are questions for Lord Balesford and he isn't engaged on those questions and will be tomorrow when he assumes his formal responsibilities. I unreservedly give the commitment that the Government will provide whatever support Lord Balesford considers necessary and I've made that offer to him. In relation to the delay to the inquiry I would want to reassure Jackie Baillie that since Lady Poole's resignation she has remained engaged, staff have remained engaged and the work of the inquiry is going on. The Government is undertaking work to support the inquiry and to request for information that we have been asked of us and that is all under way. In relation to the question of resources as I indicated publicly before, there are already over 60 members of staff in the inquiry so there are resources in there. If there are more resources required, Lord Balesford will be advising me of the requirements and the Government is subject to ensuring that we are able to protect the independence of the inquiry will give all operational support but Lord Balesford will be the judge of that point as he is the custodian of the independence of the inquiry and I am very confident that he will exercise that. Fulton MacGregor to be followed by Mordo Fraser. Thank you, Presiding Officer. Can I say in response to the previous two questions as well, I welcome the Deputy First Minister's commitment to the long Covid issues that I have also been having raised. In terms of my question Deputy First Minister, I believe families should rightly be at the forefront of all their minds as the inquiry progresses. How will the Scottish Government ensure that their voices are kept central to the inquiry's work and their testimonies handled with sensitivity and respect? Come in, Secretary. Presiding Officer, I apologise to Jackie Beaillie that I omitted to deal with the point on the long Covid. I am not in any way avoiding the question but we have set out the scope of the terms of reference. In my judgment long Covid issues are certainly within the scope of the terms of reference but fundamentally it is a matter for Lord Prylshford to determine as he leads the evidence in the inquiry and I hope that addresses the first point that Mr MacGregor raises with me this afternoon. On the bereaved families, I cannot stress to Parliament more the importance I attach to the voices of bereaved families being heard in this inquiry. The one thing I have asked of Lord Prylshford, apart from asking him to cheer the number of things, to cheer the inquiry to follow the terms of reference, I've asked him specifically to meet with the bereaved families groupings as an early priority because I think it's important. As I said to the families I have done my best to convey to Lord Prylshford what the bereaved families have said to me about how they feel about the inquiry. I think it's critical Lord Prylshford hears that from those families himself and he's given me the undertaking that he will do. Murdo Fraser to be followed by Rona Mackay. Thank you Deputy Presiding Officer. Were any of the four council who resigned from the inquiry required to sign a non-disclosure agreement and if so was there any payment associated with that? I don't know the answer to that question and it's not appropriate for me to know the answer to that question because these are operational matters for the inquiry. If Mr Fraser wishes to pursue that issue it's an issue he could raise with the secretary to the inquiry. Rona Mackay to be followed by Pam Duncan-Glancy. Thank you Presiding Officer. Nobody's life has been untouched by the pandemic and people from all the areas of society will rightly be invested in this inquiry. With this in mind how will the Scottish Government ensure public confidence in the inquiry and its new team? I think there has to be very active engagement with those who have an interest in the inquiry and the inquiry needs to make progress at an early stage to ensure that we address these questions. Covid has not disappeared from our lives it is still part of the fabric of our society unfortunately and there are many decisions as we go into a very challenging winter that will have to be taken that will be affected by the presence of Covid. Understanding and learning those lessons as quickly as possible is a critical part of the work that we must undertake to ensure the inquiry fulfills its purpose and has an impact on public policy within Scotland in relation to Covid. Pam Duncan-Glancy to be followed by John Mason. Thank you Presiding Officer. The Deputy First Minister will be aware that Scottish Labour, Amnesty and other civil society organisations pressed for a human rights based Covid inquiry and that, as part of their letter, we and they were concerned that the terms of reference relied on the chair's professional experience in equality and human rights and personal commitment to look at rights breaches. We were unconvinced then that the chair's professional experience should substitute embedding human rights in the inquiry's terms of reference and so I am pleased to hear today the commitment to do so. A human rights based approach needs participation and accountability and disabled people felt left out of the response to Covid in the inquiry. So can the Deputy First Minister set out whether he would agree to commit to supporting their active participation in the inquiry and signal that their involvement and others' involvement is key by being explicit about what the human rights means in the terms of reference, including to give explicit reference to a panel approach in the terms of reference. Cabinet Secretary. I welcome the comments that Pam Duncan-Glancy makes in our recognition of the steps that she has taken today. I think what she invites me to do now is to prescribe to a degree not envisaged in the inquiry's act, how the inquiry should operate. I have to be mindful of the, I have to have a legal basis for all the actions that I take as a minister. In section 17 of the 2005 act, as I read it, it gives the sole responsibility to the chair to decide how an inquiry should operate. If I did what Pam Duncan-Glancy invites me to do, I would be acting inappropriately within that section of the act. Pam Duncan-Glancy has, of course, put her comments on the record. I'm certainly the official report of today's proceedings will be studied by Lord Balesford, and I'm sure he'll be interested to read the particular proposition that Pam Duncan-Glancy has fairly put on the record today. John Mason to be followed by Alex Cole-Hamilton. Thank you. I noted Cabinet Secretary's statement that he used the words at speed, but I do just wonder sometimes if the words at speed mean something slightly different to the legal profession from the rest of us. Therefore, can he give any assurance to families that this inquiry will not drag on as I'm afraid the Edinburgh trams one has done? Cabinet Secretary. I think the point that I would want to assure Mr Mason about is that the issues of Covid remain very present in our society. Indeed, Mr Mason is a member of the Covid-19 Committee of Parliament is engaged in all of these questions. So the inquiry in Lord Balesford come to me or strike me has been entirely seized of the importance of that point. I would say to Mr Mason that there are other inquiries that have taken a different approach to the trams inquiry. I've cited before the Scottish child abuse inquiry where Lady Smith has taken a modular approach and indeed has reported on, I think, at least six modules of that inquiry. So the findings of the inquiry are already in the public domain with evidence having been heard and further evidence being taken. And that is indeed the approach that's been taken by Baroness Hallott in the United Kingdom inquiry. So there are ways of making sure that the issues of concern in this debate can be heard early and swiftly and the point that Mr Mason raises can be satisfied to be addressed by the conduct and structure of the inquiry. Alex Cole-Hamilton, to be followed by Jackie Dunbar. I congratulate the Deputy First Minister on the swift turnaround of the appointment of Lord Balesford. He carries with us the good wishes of this chamber. I can also say that I'm gratified to hear that in his judgment the committee should look at the inquiry because there are 200,000 Scots while all of Scotland wants to know how we handled our nation's response to Covid. We need to know how we handled our response to what Covid can become as well. Can I ask the Deputy First Minister given the length of time that this may well take and we know that inquiries like Iraq like Penrose, like the Trams can take many years. Whilst he can't direct the inquiry does he share my desire to see some kind of interim report that answers some questions as we have the answers to them? First of all, let me welcome the points that have been made by Mr Cole-Hamilton and I think they are encouraging in relation to the conduct of the inquiry. I think the structure of the terms of reference are deliberately designed to enable Lord Balesford to take a modular approach. There are 12 different sections of the inquiry and they are all reasonably compartmentalised so it would be possible to do exactly what Mr Cole-Hamilton says and as I've reflected in my answer to Mr Mason, I think the experience of Lady Smith's inquiry is a good experience I've been able to give people timely conclusions based on the hearing of evidence rather than waiting sometimes a very long time for some conclusions to materialise. So again I think the points that Mr Cole-Hamilton makes are valid ones. The operation of the inquiries for Lord Balesford but he will hear the points that have been raised and will understand the seriousness with which they've been put forward. Jackie Dunbar to be followed by Gillian Mackay. Thank you, Presiding Officer. With the listening project still scheduled to go ahead later this year does the Deputy First Minister feel confident that the inquiry team has the capacity to conduct this activity properly by recent staff changes? I think that that is possible and I think that the point that Jackie Dunbar raises with me is a good example of how the inquiry has been continuing to proceed with its activities whilst we have had the issue around its leadership and I pay tribute to the staff of the inquiry who have continued that good work and I think that it gives us the basis upon which we can ensure members of the public can engage with the inquiry through the listening project and their contributions can begin to be reflected within the conduct of the inquiry. Gillian Mackay to be followed by Brian Whittle. Thank you, Deputy Presiding Officer. I welcome the decision to put human rights into the terms of reference. I appreciate the inquiries independent but given the public interest in any outcomes of the inquiry how will the Scottish Government ensure that its conclusions including any interim conclusions if appropriate are in accessible formats in order to provide all families who have lost a loved one the answers they deserve? I think that the requirement that I am placing on the inquiry to demonstrate how a human rights based approach has contributed to the inquiry's findings in fact and recommendations would place that very obligation on the inquiry to ensure that it reports and it engages at all times in an appropriate and accessible way to make sure that the needs of all interested parties are properly and adequately met as a consequence. Brian Whittle to be followed by Jim Fairlie. Thank you, Deputy Presiding Officer. Is there just a point of clarification for the Cabinet Secretary if I may? Can I ask if the Scottish Government's civil servants are directly involved with the inquiry and if they are would you not recognise that that might be a significant conflict of interest? Cabinet Secretary. There are civil servants who have been seconded to the inquiry. That is a standard practice within public inquiries because they bring with them a great deal of expertise. However, it is absolutely critical that those civil servants exercise their professional responsibility which in my experience of the civil service is an absolutely consistently delivered proposition. When I entered Government in 2007 I had spent many years as a political activist as a member of Parliament as an observer of politics been told that civil servants could one day support an administration of one colour and in the next day the self-same people could support wholeheartedly a people of another political colour. I wondered if it was correct I had no experience before early May 2007 and on day 1 I found out it was correct because those civil servants operate in an entirely professional manner where they act in relation to the the remit that they are following and the accountability that they follow that is part of their professional contribution and I am grateful to them for that. I thank you David Deputy Presiding Officer. First of all I will give you my apologies for being waiting in the chamber colleagues. I have listened carefully what the Deputy First Minister has said and I do hope that Lord Baresworth is listening today to the genuine concerns about the long Covid situation that a lot of our constituents keep coming to us with. It is unfortunate that the inquiry has been delayed because of the resignations but I am sure once the new appointments have been made and finalised the work will resume quickly but regardless of the loss of time can I ask the Deputy First Minister how the Scottish Government is going to ensure that the inquiry and that the work will continue to be a high and thorough standard? It is briefly responsible cabinet secretary. I think that Lord Baresworth will bring his experience of many years in the Court of Session to bear and leading the inquiry and we have had a period where the leadership of the inquiry has required to be changed. I have addressed that as colleagues across the chamber have recognised as swiftly as humanly could have been the case and I am grateful to the Lord President and Lord Baresworth for their engagement on this question and I am very confident that the inquiry will proceed in a professional manner to address the issues of vital importance to members of the public and members of Parliament. Thank you very much Deputy First Minister there will be a brief pause before we move on to the next item of business.