Humza Yousaf commits to releasing all WhatsApps and emails asked for by Covid-19 inquiry

Anas Sarwar secured the commitment at First Minister’s Questions

Humza Yousaf has committed to complying fully to any demand to see WhatsApp or email messages ministers or former ministers from the UK or Scottish Covid-19 inquiry.

The First Minister was challenged to also commit to ensuring no-one involved in the government side of the pandemic response would breach ‘do not destroy’ letters from the Scottish inquiry.

These, sent late last year, sought to ensure any information that is relevant to the inquiry was retained.

Scotland's First Minister Humza Yousaf during First Minster's Questions (FMQ's) at the Scottish Parliament in Holyrood, Edinburgh.

The commitment also comes as The Scotsman can reveal that the former chair of the Scottish Covid inquiry, Lady Poole, wrangled over the terms of her appointment for weeks before abruptly resigning late last year.

During First Minister’s Questions on Thursday, Scottish Labour leader Anas Sarwar asked if all past and present ministers comply with the order.

Mr Yousaf replied: “Yes, they will,” adding: “To ensure there is simply no doubt whatsoever, any material that is asked for: WhatsApp messages, emails, signals, telegrams, whatever is asked for or requested; will absolutely be handed over to the Covid inquiries and handed over to them in full.”

Former first minister Nicola Sturgeon, and her then-deputy, John Swinney, gave evidence to the UK inquiry prior to FMQs on Thursday.

A transparency row emerged between the UK inquiry bosses and the Westminster government after WhatsApp messages from senior aides were redacted.

Mr Sarwar responded, saying the First Minister’s assurance was “really significant” and asked for the guarantee to be supplied in writing.

He added: “Covid took a heavy toll on everyone across this country and we continue to feel its impact.

“The least we can expect is that when grieving families come looking for answers, this SNP Government provides them because we know sadly that this is a government famed for a culture of secrecy and cover up.”

In a post-FMQ’s briefing, the First Minister’s official spokesperson did not answer whether the government had checked if any material had been deleted during the pandemic.

They said: “It feels like you are asking me to prove a negative there.

"The government’s got policies on retaining data as long as there is a business need to do so and ministerial decisions are all recorded, as they always are.”

They added: “He [the First Minister] committed to complying with the orders put to us.

"The government doesn’t, we don’t sit routinely making decisions over WhatsApp. It’s a different culture down there.”

Asked whether government ministers discuss policy options over WhatsApp with their advisers, the spokesperson said: “Not in the nature that you think.”

Government officials responded to freedom of information requests from The Scotsman asking for ministerial WhatsApp with identical responses, stating that they were not “routinely retained” once passed to policy teams to record decision making.

The government’s record system then does not distinguish between emails, texts, or WhatsApp when it comes to recording these decisions, making them impossible to disclose, officials claimed.

Mr Sarwar also urged the First Minister to clarify whether he expected the Scottish Covid inquiry to have concluded by the next Scottish election in 2026.

While the UK inquiry began in August, the Scottish investigation has been hit with delays after four members of the inquiry’s legal team and former chair Lady Poole quit last year.

The First Minister said it would be “deeply inappropriate” for him to intervene in an independent public inquiry but said he wanted the inquiry to be “delivered at speed”.

The Scotsman can reveal, however, that weeks of internal wrangling about Lady Poole’s appointment slowed down progress with the inquiry.

Emails obtained under freedom of information rules show negotiations about the exact terms of appointment, effectively her contract of employment, had dragged on well into September last year.

They state that the judge felt “she needs different terms of appointment as a sitting judge to other inquiry chairs”, with the government raising “concerns regarding the approaches she has proposed to date”.

A meeting between Mr Swinney and Lady Poole took place on September 21, 2022, intending to bring an end to the disagreements.

Advice to the then-deputy first minister show officials recommending the additional changes to the appointment letter be agreed, allowing the inquiry to progress.

It was around this time that Douglas Ross KC, the lead counsel on the inquiry, and three junior lawyers all resigned from the inquiry, with Lady Poole tendering her resignation to the government the following day.

However it is understood the disagreement with the government over the terms of her appointment was not a central factor in her decision to step away from the post on the morning of September 30.

Reports following her resignation said she left the role due to personal reasons including family, with taxpayers facing a bill of more than £200,000 for her salary, National Insurance and pension costs during her period at the inquiry.

She was replaced by Lord Brailsford who families said “pressed the reset button” on the inquiry.

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