Humza Yousaf has pledged the Scottish Government will “fully investigate” claims from the UK Covid-19 Inquiry that messages, including WhatsApps, have not been handed over.
The First Minister said he has ordered Solicitor General Ruth Charteris to investigate the matter.
He said he is “seeking assurances” that “do not destroy” notices issued by the inquiry had been “fully complied with, not just by ministers but by every relevant Scottish Government official”.
He pledged the action after Jamie Dawson KC, counsel to the Covid-19 Inquiry, said while the Scottish Government had been asked to provide “all communications related to key decisions made during the pandemic”, including informal messages on WhatsApp, “no messages” had been handed over.
Scottish Conservative leader Douglas Ross raised the issue with Mr Yousaf at First Minister’s Questions at Holyrood on Thursday, asking: “Why has Humza Yousaf not handed over key messages to the inquiry?
“Grieving families deserve answers and full transparency from this Government.
I can only say to the families listening we will take on board those concerns, we will internally investigate fully.
“The counsel to the inquiry has said they have not received what they asked from the Scottish Government.”
He said “refusing” to hand over the information requested would be an “insult to grieving families” and a “shocking display of secrecy” by the Scottish Government that would “potentially break the law”.
Mr Ross told Mr Yousaf that “crucially one Scottish Government official has voluntarily handed over WhatsApp messages from the pandemic, proving that they exist”, and that there is “no excuse for not releasing them”.
He asked: “Why is this information being withheld from grieving families, the inquiry and everyone who deserves answers?”
Mr Yousaf said his Government does “take seriously the concerns that have been raised by counsel”.
He added: “I can only say to the families listening we will take on board those concerns, we will internally investigate fully, because my understanding, certainly as I stand here today, is that relevant information has been passed over.
“But if there is any concerns raised they will be fully investigated and I will ask the Solicitor General to investigate them, and of course I will update this Parliament on any of those investigations.”
But Mr Yousaf said it is “simply incorrect” to suggest no information has been provided to the inquiry, adding: “My own statement to the Covid inquiry is over 100 pages long.”
He insisted the Scottish Government has “handed over relevant material”.
He added: “There are some messages that we are going to continue to provide but they have to go through the appropriate processes. We will continue to hand over those messages.”
Mr Yousaf also stressed the Scottish Government “didn’t routinely make decisions over WhatsApp” during the pandemic, saying this was “very different of course to what the UK Government has done”.
In a jibe at the Conservative Government at Westminster, where both former prime minister Boris Johnson and his successor Rishi Sunak were issued with fixed-penalty notices for breaching lockdown rules, the First Minister said: “It is not this Government that has broken the law or will break the law.
We don't routinely conduct parliamentary business through WhatsApp
“This Government will undoubtedly fully co-operate with both the UK inquiry and the Scottish public inquiry too.”
Speaking to journalists after First Minister’s Questions on Thursday, the First Minister could not say if ministers used the disappearing message function on the app, which automatically deletes messages after 24 hours, one week or 90 days, depending on user preference.
He added: “We don’t routinely conduct parliamentary business through WhatsApp.”
The First Minister went on to say that “routinely” Government decisions were not made through the app.
