Covid inquiry U-turns on human rights

Pledge to probe potential breaches is made explicit

Scotland’s Covid-19 inquiry will now investigate possible human rights breaches after a U-turn by ministers.

Campaigners for some of the most-vulnerable Scots, who were among those worst affected by the pandemic, had demanded possible breaches were explicitly stated in the inquiry’s framework.

However, after initially resisting the demand, Deputy First Minister John Swinney told MSPs last week the inquiry’s terms of reference will change. The move comes after the appointment of Lord Brailsford to succeed Lady Poole, who quit earlier this month.

Swinney told parliament on Friday: “This change will require the inquiry, when reporting, to demonstrate how a human rights-based approach by the inquiry has contributed to the findings in fact and recommendations.”

Older people, women, people of colour, asylum seekers, disabled people, those dependent on social care and unpaid carers were among those said to be disadvantaged by decisions made by the authorities during the pandemic. A 2020 investigation by the Equality and Human Rights Commission found Scottish Government policies breached human rights, including the right to life.

Campaign group Amnesty and other leading charities – including Age Scotland, Poverty Alliance and Carers Scotland – had called for human rights to be explicit in the inquiry’s framework but ministers said there was no need because former judge Lady Poole had extensive experience of equalities and had given a personal commitment to tackle human rights.

Naomi McAuliffe, Scotland programme director for Amnesty International UK,

said: “This is important because we need to know how decisions taken during the pandemic impacted as many different people as possible.”