Chamber and committees

Ferguson Marine informed the Scottish Government on 27 October of an issue relating to the liquefied natural gas system for the MV Glen Sannox, which requires sensors to be procured. Due to issues with the global supply chain, ministers are advised that it may take something in the order of 36 weeks. Ministers are seeking urgent options for the next steps and expect all possible measures to be taken to deliver the vessel to serve islanders as soon as possible.

Officials will continue to engage with Ferguson Marine as it assesses the full impact of that development, including any financial implications, which Ferguson Marine will share with both the Scottish Government and the Scottish Parliament once that has been confirmed.

I addressed the substantive points that Mr Simpson raised with me. He then asked me whether I had any further concerns or whether any issues had been drawn to my attention. As he will know, there is regular reporting on progress on the Glen Sannox, which is shared with the Net Zero, Energy and Transport Committee.

He went on to say that he has heard concerns about

“certain aspects of the build.”

With the greatest respect, I point out that that is not the most specific comment that has ever been put to me in the Parliament chamber. If he has specific concerns, he can, of course, raise them with me.

On the financial position in relation to the contract, Mr Simpson is aware of the details that have been shared with Parliament on the estimates by the management team at Ferguson’s regarding the financial implications of their assessment of the current work programme. Those estimates are being assessed by the Government, and further decisions will be taken in due course once that assessment has been completed.

Since the Government was elected in May 2021, we have purchased and deployed the MV Loch Frisa; we have taken forward construction of vessels 801 and 802; we have commissioned two new vessels for the Islay routes; and we have progressed improvements to key ports and harbours. We have also taken further investment decisions.

The Minister for Transport has announced that Caledonian Maritime Assets Ltd is progressing the procurement of a further two major vessels, which will deliver significantly increased capacity and reliability for the communities of the Western Isles and will improve resilience across the wider Clyde and Hebrides network. The procurement notice for those vessels was published on 27 October, with a deadline for submission of 6 December.

In addition to the on-going vessel investments, we will expand the tide and weather monitoring equipment that is currently in place at CMAL ports to other third-party ports, progress the Skye triangle and Islay route port works, and continue the work to improve the harbour infrastructure for Arran services.

I gave Mr Simpson the best answer that I could on an issue that was raised with the Government just last Thursday, which was that any financial implications arising from that issue will be shared with both the Government and the Scottish Parliament once the cost has been confirmed by Ferguson Marine. That is the answer to the question of cost.

With regard to the issue that has arisen, the sensors are clearly necessary because, as I understand their function, they are part of the safety system around the LNG system that will operate on the Glen Sannox. The sensors had not been ordered. They have now been ordered, and the answer that I gave Mr Simpson is the substantive answer on the current estimate of the timescale for delivery of those sensors.

Following the devolution of tax and social security powers to Scotland, the Scottish Government set up the independent Scottish Fiscal Commission, which has provided credible independent forecasts to Parliament and the Scottish Government since 2017. The Scottish Fiscal Commission Act 2016 requires the commission to produce at least two forecasts each financial year, containing its five-year forecasts of the economy, demand-led social security benefits and receipts from the devolved taxes, non-domestic rates, income tax attributable to a Scottish rate resolution and assigned VAT receipts. The Scottish Government will always respect the commission’s role and our budgets will always be accompanied by its independent forecasts.

In this statement, I will update Parliament on matters relating to the Scottish Covid-19 inquiry. In particular, 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 and 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, 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 on 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 that act, ministers have the power to establish an independent public inquiry, to set terms of reference and to appoint a chair and panel. In that December statement, I announced the terms of reference of the Scottish Covid-19 inquiry and the appointment of the Hon 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. That statement 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-19 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 that she has undertaken since the establishment of the 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—particularly the bereaved— have, so that we can learn and benefit from those lessons as early as possible. From recent discussions with the representatives of bereaved families, I am acutely aware how important it is that no delay to the inquiry should arise from Lady Poole’s resignation as chair. That is why arrangements for identifying a new inquiry chair have been taken forward as a matter of urgency, in order to ensure a swift and successful transition.

To that end, I have liaised 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 thank the Lord President for his engagement and co-operation on that matter. I have also 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 that work, I am pleased to be able to announce that the Hon 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 that role 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 the 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 lessons can be learned in a timescale that 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. I am confident that Lord Brailsford will see that full scrutiny is applied in all the required directions to ensure that this inquiry provides the answers that it has been established to find.

I have asked Lord Brailsford to meet with bereaved families at the earliest opportunity, 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 in order to best support continuity in 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 that the progress that the inquiry has made so far is maintained.

I can also announce today that the terms of reference for the inquiry will be supplemented in one important respect. That 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, I noted that 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 confirm that we will make one further addition to the reporting requirements in the terms of reference, which will be effective from the formal appointment of Lord Brailsford as inquiry chair. Specifically, that change will require the inquiry

“to demonstrate how a human rights-based approach by the inquiry has contributed to the inquiry’s findings in fact and recommendations.”

That requirement will co-exist 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, and must, still lie in the hands of the inquiry chair. However, that 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 am grateful to Lord Brailsford for supporting that amendment, the announcement of which, I hope, gives confidence to bereaved families and others about the future direction of the inquiry.

The inquiry operates independently of Government, which is a key to its integrity, and in the legal regime under which it has been established. The Inquiries Act 2005 sets out a clear framework for the independent functioning of the inquiry. This statement fulfils my duties under the act to inform Parliament of my intention to appoint a new chair.

I have also set out today my intention to change the inquiry’s terms of reference, and set out how that 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 it 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 am left with no doubt that he is fully qualified for the demanding task put in front of him, and 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.

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 those questions. Covid has not disappeared from our lives—unfortunately, it is still part of the fabric of our society. As we go into a very challenging winter, there are many decisions that will have to be taken that will be affected by the presence of Covid. Understanding and learning the lessons as quickly as possible is a critical part of the work that we must undertake to ensure that the inquiry fulfils its purpose and has an impact on public policy in Scotland in relation to Covid.

There are civil servants who have been seconded to the inquiry. That is a standard practice for public inquiries, because civil servants bring with them a great deal of expertise. However, it is 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 and as an observer of politics being told that civil servants could one day support an Administration of one colour and then, the next day, the self-same people could whole-heartedly support an Administration of another political colour. I wondered whether that was correct—I had no experience of such a situation before early May 2007—and, on day 1, I found out that it was correct, because those civil servants operate in an entirely professional manner, acting in line with their remit and accountabilities. That is part of their professional contribution and I am grateful to them for that.

First, I express my good wishes to Caroline Macdonald. I understand and fully appreciate the impact of long Covid—actually, I cannot fully appreciate the impact, because I have not experienced it, but I understand the suffering of individuals and the endurance that is involved. The Government is entirely focused on ensuring that we address the clinical needs of individuals who experience long Covid.

On the conduct of the inquiry, as Dr Gulhane will know, inquiries by their nature—in particular, those that are set up under the Inquiries Act 2005—must operate independently of Government. The operation of the inquiry is therefore a matter entirely for its chair.

As I have indicated to the Parliament, I very much regret the fact that Lady Poole felt it necessary to tender her resignation. She did so and I respect her reasons, and that is the end of the matter.

I have moved swiftly to replace Lady Poole with the eminent judicial leadership of Lord Brailsford, who will tomorrow be able to start his activities in leading the inquiry. I am very grateful to the Lord President and to Lord Brailsford for the substantial amount of reorganisation that has been involved in enabling that to be the case.

All the issues that Dr Gulhane raised about long Covid are legitimate to be raised as part of the inquiry. However, beyond the setting of the terms of reference, it would be wrong for me to prescribe what should be discussed in the inquiry. That is a matter for Lord Brailsford to determine within the scope of the remit.

There is a lot in there, but I shall endeavour to work my way through it.

First, I welcome Jackie Baillie’s comments on Lord Brailsford’s appointment. When I spoke with him on Tuesday to advise him of my intention to appoint him, he indicated to me that he believed it to be an honour to be invited to lead the inquiry, and he said that in his public statement this afternoon. That speaks for what Lord Brailsford will bring to the inquiry. He realises its significance.

As I said in my statement, I have also asked Lord Brailsford to engage with bereaved families, which he has agreed to do as an early priority. I totally accept the importance of ensuring continued confidence; indeed, just before I came into Parliament this afternoon, I had three separate discussions with bereaved families groups to advise them of the contents of the statement.

In relation to the conduct of the inquiry and the appointment of senior counsel, the point about section 17 is not pedantic. There are very good reasons why the Government is not, and should not be, close to these matters. Those are questions for Lord Brailsford; he is engaged on those questions, and will be engaged on them tomorrow, when he assumes his formal responsibilities. I unreservedly give the commitment that the Government will provide whatever support Lord Brailsford considers necessary, and I have made that offer to him.

In relation to the delay to the inquiry, I reassure Jackie Baillie that, since Lady Poole’s resignation, she and staff have remained engaged and the work of the inquiry has continued. The Government is undertaking work to support the inquiry in relation to requests for information that have been asked of us. That is all under way.

On resources, as I think I have said publicly before, the inquiry already has more than 60 members of staff, so there are resources there. If more resources are required, Lord Brailsford will advise me of the requirements. The Government—subject to ensuring that we can protect the independence of the inquiry—will give all operational support. However, Lord Brailsford will be the judge of that, as he is the custodian of the independence of the inquiry. I am very confident that he will exercise that judgment.