On the 27th October, we held another in our series of 'live client newsletter' webinars to help our clients and members of the Covid-19 Bereaved Families for Justice group get to grips with the Inquiry and prepare for the Module 2 preliminary hearing.
While we aim to answer as many questions as we can live, this isn't always possible to do within the hour. We do, however, ensure that we respond to everyone who asked a question with a personalised answer. All of the questions that were asked that have general relevance have now been categorised and added to the larger Covid Inquiry FAQ page, but can also all be found down below for your ease.
You can now watch the recording of this webinar below. If you have any issues viewing this recording, please get in touch with us on covidinquiry@broudiejacksoncanter.co.uk.
Webinar recording
Webinar FAQs
Q: Is Boris still the Sponsor, or has this passed to Rishi, via Truss?
A: The Inquiry's sponsor will be the sitting Prime Minister at the time. Therefore it is now Rishi Sunak.
Q: I'm Module 2 so what does that mean?
A: Module 2 of the Inquiry will look at the core political decision making. we know that it will be split into 2 parts, with part 1 covering core political governance, and part 2 covering decision making. Being part of these modules and the Covid Bereaved Families for Justice (CBFFJ) group, you will be granted core participant (CP) status. A CP is an individual that has a specific interest in the work of the Inquiry, and has a formal role defined by legislation. CP's have special rights in the Inquiry procces, which include receiving disclosure of documentation, being represented and making legal submissions, suggesting questions and receiving advance notice of the Inquiry’s report.
Q: Has any academic body done a review of Covid in the UK to identify what the critical points where in the progress of the pandemic so we can better determine which decisions we should be looking at more closely?
A: There have been various reviews of the pandemic done within the UK. We will be collating a variety of sources to aid us in deciding what decicions and actions should be investigated further.
Q: Has the Inquiry specifically referenced Exercise Alice as part of what they will look in to?
A: Yes we will definitely be mentioning exercise Alice within the scope of Module 1 under planning and preparation.
Q: Speaking personally I know how draining, mentally, this process is. Do you have any suggestions as to how we can maintain motivation and energy? I suspect that some in power will hope many of us will get tired and go away?
A: We hope our continuous fight for accountability and answers will encourage you to keep your interests in the Inquiry as we believe that this is owed to our clients. Additionally, we are arranging a series of meetings around the country to enable individuals to meet and develop support systems. We are also fighting to have satellite venues installed around the country which will allow the bereaved to come together to watch the hearings rather than be isolated.
Q: Has the request for satelite venues been agreed?
A: The Chair agreed it was a good idea and they would look into it for the Substantive Hearings but they were unlikely to be able to arrange it for the Preliminary Hearings. So it is still being considered.
Q: If a witness's brief cuts across more than one module - will they be brought back when the relevant module is covered?
A: Yes this would be likely, if they are relevant to more than one area within the Inquiry.
Q: Perhaps I’m naive, but many of the 2020 cabinet are now still in the cabinet or indeed even Prime Minister, how can we be assured that they will now on this occasion be honest? Very easy not to be in ‘trillions’ of documentation.
A: We are fighting to have the Inquiry's Rule 9 requests disclosed so we can see what documents they are seeking, and fill in any gaps which they may leave either intentionally or unintentionally. Whilst we can't ensure 100% honesty, we also rely on whistleblowers and investigatvie journalists to bridge these gaps.
Q: If an organisation is found to have withheld vital information, will there be any consequence? What are the penalities if they fail to disclose?
A: Inquiries Act s.35 -maxm penalty is 51 weeks imprisonment and/or level 3 fine (currently £1000).
Q: How do we know that the Cabinet Office have not just made up the 3 years to stop us asking for documents?
A: We are aware that the Cabinet Office will have millions of documents to go through, however we are unsure how they have quantified a time period of 3 years. We believe strongly that the Inquiry should take as long as necessary to expose the truth, however we are searching for a more targeted approach which will make this process quicker and more efficient.
Q: Last time, I asked about protection for whistleblowers and was told there is statutory protection. However, I understand that the legislation provides inadequate protection to employees. I should have asked whether there be any additional protection afforded to witnesses of fact in this Inquiry? It is vital that NHS and care home workers are able to give evidence without their jobs being jeopardised.
A: This is a problem and one if the reasons we are trying to get Hillsborough Law enacted. This act's aim is to have public accountability by the government and civil servants to ensure the truth has to come out and cannot be swept under the rug.
Q: Presumably the live YouTube sessions will be viewable at a later stage?
A: We can confirm that the Hearing will be uploaded viewable at a later stage via the Inquiry website. Please see the link to the Inquiry's website: https://covid19.public-inquiry.uk/page/2/?s=hearing&x=0&y=0
Q: What happens if we feel we can no longer support the Inquiry because it lacks the ability or desire to find the truth?
A: We are hoping that it does not come to that as we will try to do everything in our power to make sure that the truth is heard. If it does come to a point where you feel that you can no longer support the Inquiry, please let us know and we can arrange for your file to be closed.
Q: Will we keep a record of what we asked for and what was denied so that we can determine how this might have affected the accuracy, validity and integrity of any outcomes so that we can challenge the results of the Inquiry if necessary?
A: Records of our submissions and the Chairs responses will all be kept note of by our legal team.
Q: How many solicitors & Barristers are working on the Inquiry Team?
A: I can confirm that representing you is Nicola and Elkan who are solicitors. We then work with six barristers who make our submissions.In terms of The Inquiry itself, the Inquiry Chair, Baroness Heather Hallett, has appointed 50 junior Counsel to join its legal team.The following junior Counsel will support Hugo Keith QC, Lead Counsel to the Inquiry, Martin Smith, Solicitor to the Inquiry, and the eleven recently appointed Kings Counsel.
Q: I am someone who struggles to understand all the legal side of things but can I ask, are the reasons I signed up important enough for this group?
A: Your reason for joining the Inquiry is one of the main points which we will be raising. Issues in the hospitals and on the wards are a big part of what the Inquiry will look into, so your reason for joining is valid. We welcome all who have lost a loved one to COVID to partake in the Inquiry as there will be a variety of factors investigated.