Covid19 inquiry – revised draft terms of reference

In mid-March we noted the publication, for consultation and comment, of the draft terms of reference (TOR) for the independent inquiry into the national impact of Covid-19. The inquiry was set up by the Prime Minister and will be chaired by Baroness Hallett, a retired Court of Appeal judge.

Baroness Hallett’s team have analysed responses on the TOR and made several important revisions to the inquiry’s brief. The revisions proposed sharpen the TOR by, for example

  • placing greater emphasis on studying the impact on mental health of the pandemic
  • specifically including impacts on health and care workers, and on children and young people
  • examining the effects on the safeguarding and support for victims of domestic abuse
  • adding the effects of the closures of the travel and tourism sector and of places of worship as matters for consideration
  • looking at initial contacts with health services, advice lines and primary care, and
  • considering the impact on ante- and post-natal care

Other revisions of a more functional nature touch on the collaboration between national, devolved, and local government and add the use of research and expert evidence to the need to consider how data was used and made available.

The inquiry team also recommends reviewing not only how decisions were made, communicated and implemented but also how they were recorded. This point speaks to a concern that private e-mail or WhatsApp accounts may have been used rather than official departmental channels.

I am grateful to my colleague Rachel Quinn for carefully examining the documents and preparing the attached note which highlights Baroness Hallett’s proposed revisions. New text is shown in yellow and the turquoise highlighting shows text which has been moved.

The revised terms of reference for the inquiry were sent to the Prime Minister in May. At the time of writing, there has so far been no formal response. The inquiry continues to make some progress, however, and today announced the appointment of 49 junior counsel to assist with investigations, in addition to 11 QCs who were appointed at the beginning of May.

For the changes to the Annex: Recommended Terms of Reference, please click here and see the highlighted sections.

Written by Alistair Kinley, Director of Policy & Government Affairs (Alistair.Kinley@blmlaw.com).

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