Question reference: S5W-35211
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
- Date lodged: 15 February 2021
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Current status: Answered by James Wolffe QC on 23 February 2021
Question
To ask the Scottish Government whether it considers the Crown Office and Procurator Fiscal Service (COPFS) to be the appropriate body to lead the investigation into care home deaths; what the human right implications are of COPFS having this role; what its response is to concerns that there might be a conflict of interest, and for what reason it did not appoint an independent body/person to carry out this function.
Answer
As Lord Advocate, I am head of the system for the investigation of deaths in Scotland, as well as of the system of criminal prosecution. I am, accordingly, constitutionally responsible for the investigation of sudden, unexpected, and unexplained deaths in Scotland, as well as for the prosecution of crime. These are functions which I exercise independently of any other person.
Death investigations are undertaken on my behalf by Procurators Fiscal, who act under the direction as required of Crown Counsel. Procurators Fiscal are professional lawyers, who act independently in the public interest. Crown Counsel are likewise senior lawyers who act independently in the public interest and who are responsible for prosecuting the most serious criminal cases and for providing instructions to Procurators Fiscal as required.
COPFS has established a Covid Deaths Investigation Team (CDIT), comprising COPFS staff who are experience and skilled in death investigations and/or health and safety investigations. Among the deaths which require to be reported to CDIT are deaths where the deceased was resident in a care home when the virus was contracted. CDIT works together with other agencies including the Health and Safety Executive, Local Authorities, Care Inspectorate and the Police Service of Scotland. I have appointed Crown Counsel to provide direction and instruction to CDIT as required. As in all matters with which professional prosecutors deal, they will approach the investigation into these deaths with independence and integrity.
I am confident that the arrangements which I have put in place will secure an effective and independent investigation of Covid-related care home deaths.