Frequently Asked Questions relating to Devolved Territories

 

Q. Can the devolved nations have their own Statutory Inquiry?

A. We regrettably have bereaved families instructing us from all 4 nations of the United Kingdom. We have encouraged the formation of subgroups in Wales, Scotland and Northern Ireland for the purpose of looking at devolved matters. The Scottish group has already decided (and we have advised and support) that there should be a UK-wide Inquiry, but also a complementary Scottish Inquiry, which will deal with devolved matters. The UK-wide matters that affect Scotland will be dealt with in the main UK-wide Inquest, and then the devolved matters will be dealt with in the Scottish Inquiry. The Welsh group has also decided to push for a Welsh Inquiry. We're also inviting other human rights Solicitors to assist us in those areas, and 3 firms, one in Scotland, one in Wales and one in Northern Ireland are being instructed as well as Broudie Jackson Canter to assist with the devolved matters. What we're advising and what the families are instructing us is to support a UK-wide Inquiry but also complementary Inquiries in Scotland, Wales and Northern Ireland.

 

Q. Can the witnesses be from across devolved nations?

A. Yes, witnesses can be from devolved nations and we will be encouraging that.

 

Q: Will the Inquiry look separately at England as it will with devolved nations?

A: If there are issues affecting only England then the Inquiry should look at those.

 

Q. What will the Wales Inquiry (if any) cover?

A. That will be up to the Welsh Minister who sets up the Inquiry.  However, the Covid-19 Families for Justice campaign must put as much pressure on the relevant ministers to consult with the families and fully involve them in all decisions. Our suggestion is that BFJ Cymru and the families work on proposed Terms of Reference which we (the UK legal team) can review or help draft. We hope that their Terms of Reference will fit well with those for the UK Inquiry and or that it may be helpful to use them as a template.

 

Q. How will the UK Terms of Reference be impacted if Wales does or doesn’t have its own Inquiry?

A. If Wales doesn’t have its own Inquiry then we would argue that the Welsh Terms of Reference should be included within the UK Terms of Reference. If Wales does have its own Inquiry then we would argue that the Welsh Terms of Reference are excluded from the UK Inquiry, but that there should be a high degree of cooperation between the different Inquiries.

Families in Wales, Scotland and Northern Ireland will obviously be fully included in the UK Inquiry, as well as devolved Inquiries.

 

Q. How was each legal team engaged?

A. My firm (and the counsel team) were instructed by the Covid Bereaved Families for Justice group, in Spring 2020. As part of our strategy we advised that it would be sensible to have firms in the 3 devolved regions advising families there on issues peculiar to their region, and relating to decisions taken by the devolved administrations.

We already knew appropriate firms in Scotland and Northern Ireland and INQUEST recommended the firm in Wales. We held meetings between the relevant families and firms and then left it to the bereaved families to decide whether or not to instruct specific firms. It is important to note that we (the UK Inquiry legal team) are not instructing the devolved territories’ firms - that is entirely a matter for the relevant bereaved, but we intend to work closely together.

Join the Covid-19 Bereaved Families for Justice group

 

Q. The Welsh First Minister has said he will wait and see before deciding whether to hold a Welsh Inquiry. How and when could he review this and make his decision?

A. Section 27 of the Inquiries act says that where a UK Minister is responsible for an Inquiry the Minister may not, without first consulting the relevant administration, include in the Terms of Reference anything that would require the Inquiry to determine any fact that is wholly or primarily concerned with a Welsh (or Scottish or transferred Northern Irish) matter OR make any recommendation that is wholly or primarily concerned with a Welsh (or Scottish or transferred Northern Irish) matter.

It is conceivable that he could make a decision at any time but clearly the longer he leaves it the more difficult it will be to justify a separate Inquiry. In practice the longer the delay the less likely he will be to change his mind.  The key must be the maintenance of a campaign to pressure the Welsh Ministers to do the right thing and provide the whole community, but particularly the bereaved families, with: 1. The means to get answers, 2. Accountability for failures which have had such devastating effects, 3. Recommendations to prevent future deaths or minimise the effects of a future pandemic. One key point that should be made clear to the Welsh Ministers is that if there is not a devolved Inquiry dealing with decisions taken by the devolved administration, Welsh authorities and organisations, then they run the risk of the UK government offloading blame on them.