1. In the past hour, Jamie Dawson KC, counsel to the United Kingdom Covid-19 inquiry, has explained that the Scottish National Party Government was asked to provide all communications relating to key decisions that were made during the pandemic, including all informal messages, including on WhatsApp. Mr Dawson has said, “No messages were provided.”

Grieving families deserve answers and full transparency from the Scottish Government. Why has Humza Yousaf not handed over key messages to the inquiry?

First and foremost, my thoughts remain with all the families who have been bereaved or otherwise affected by Covid. The Government will co-operate fully with the UK inquiry and the Scottish public inquiry.

When it comes to what we have released and what we will provide to the inquiry, I make it clear that we will hand over, and have handed over, any potentially relevant information that we hold, be that on WhatsApp, in email or in any correspondence.

If concerns have been raised by the inquiry—as Douglas Ross has rightly said, they have been raised—we will fully investigate them. We will, of course, hand over relevant material, and we have done so. We will continue to provide messages, but that has to go through the appropriate processes. We will continue to hand over those messages. We will continue to co-operate fully with the public inquiries—both the UK inquiry and the Scottish inquiry. The concerns that have been raised will be fully investigated.

I am not sure what the First Minister is talking about. The issue was raised this morning. Surely he is aware of what is happening. Jamie Dawson said:

“The Scottish Government has provided the inquiry with no WhatsApp or other informal messaging material, either in its own possession or in the possession of the individuals whose individual rule 9 requests are being handled by the Scottish Government.”

He also said:

“No clear comprehensive response emerged in the corporate statements from the Scottish Government.”

However, in May this year, having been asked a direct question by a journalist, Humza Yousaf said that, if a request for messages, including on WhatsApp, was made, the Scottish Government should be “absolutely open and transparent”. In June, in the chamber, he said:

“WhatsApp messages, emails, Signal messages, Telegram messages or whatever ... will absolutely be handed over to the Covid inquiries and handed over to them in full.”—[

Official Report

, 29 June 2023; c 15.]

The inquiry has heard this morning that that has not happened. Where are the messages? Where have they gone? Has the Scottish Government deleted any messages?

The First Minister:

The Scottish Government did not routinely make decisions through WhatsApp. I know that that is very different from what has been intimated the UK Government did, but that is not how we made decisions—[

Interruption

.]

Members, we will hear the First Minister.

The First Minister:

Decisions were not routinely made over WhatsApp. I have said and will continue to say to every Government minister and official that we must comply fully with the inquiry. Relevant information has been passed on.

I note the concerns that were raised this morning. Therefore, I have, just this morning, asked the Solicitor General to internally investigate whether any other messages have to be handed over.

Messages—whether through WhatsApp, email or correspondence—have been sent. All that information has been provided. I have also provided a statement to the inquiry. However, I note the concerns that have been raised, and I give an absolute assurance to the families who are listening, particularly those who have been bereaved by Covid, that, where we hold any relevant information, that will be passed on.

But that is not happening—that is what we heard this morning. That should not take the involvement of the Solicitor General; the First Minister must know what is required and must have heard—as I did—what the King’s counsel for the inquiry said.

I will not say that this was deliberate, but the First Minister might have inadvertently misled Parliament there—[

Interruption

.] I think that that is okay to say, because we know that SNP ministers routinely use WhatsApp to discuss Government matters. At the end of last year, it was revealed that four SNP ministers—Neil Gray, Kevin Stewart, Maree Todd and Humza Yousaf—were using WhatsApp to conduct Government business.

Counsel to the Covid inquiry revealed today that witness statements

“suggest that informal communication such as WhatsApp messages were used by key decision makers to discuss matters around the progress of the pandemic in Scotland ... and ... decisions that the Scottish Government might have to take.”

Crucially, one Scottish Government official has voluntarily handed over WhatsApp messages from the pandemic period, which proves that they exist, so there is no excuse for not releasing them. Why is that information being withheld from grieving families, the inquiry and everyone who deserves answers?

The First Minister:

That is a complete mischaracterisation. I did not “inadvertently” mislead the chamber. I did not say that there have never been discussions over WhatsApp; I said that we did not “routinely” make decisions over WhatsApp, which is very different from what the UK Government did. [

Interruption

.]

The Presiding Officer:

Let us hear the First Minister.

The First Minister:

I would expect Scottish Government ministers and officials to comply with our mobile messaging apps usage policy, which, I believe, I wrote to every member of the Parliament about. I would also expect every minister and Government official to comply with the “Do not destroy” notices that the UK inquiry issued.

Concerns have been raised, which Douglas Ross is absolutely right to reiterate, on behalf of the inquiry. I can only say to the families who are listening that we will take on board those concerns and internally investigate fully, because my understanding—certainly as I stand here today—is that relevant information has been passed over. However, if any concerns are raised, they will be fully investigated. I will ask the Solicitor General to investigate, and I will update the Parliament on any investigations.

The First Minister spoke about the letter that he sent on 20 July to all MSPs, which I have here. He said:

“I should reiterate here that the Scottish Government is committed to openness and transparency, and we are cooperating fully with both the UK and Scottish Inquiries

”.

That is totally the opposite of what we heard from Jamie Dawson this morning. [

Interruption

.] SNP members are saying no, but counsel to the inquiry has said that the inquiry has not received what it asked for from the Scottish Government.

The Scottish Government has records management policies that require officials to retain records. The SNP’s business manager, George Adam, told the Parliament last year that

“All recorded information that is held by ministers or officials that relates to the business of the Scottish Government is subject to freedom of information law, irrespective of its format or the platform on which it is held.”—[

Official Report

, 8 December 2022; c 1.]

The Covid inquiry has powers to compel evidence. Refusing to hand over such information would not only be an insult to grieving families and a shocking display of secrecy; it would potentially break the law.

Will the First Minister confirm that he will be transparent and release every bit of information that the Government holds? Does he accept that, if any messages have been deleted, that would be illegal?

The First Minister:

It is not this Government that has broken the law or will break the law. We will not only comply with the law but comply and co-operate fully with the UK inquiry and the Scottish public inquiry.

We have passed over what we believe to be relevant information. That being said—[

Interruption

.]

The Presiding Officer:

First Minister.

The First Minister:

Douglas Ross is shouting, “Nothing”—[

Interruption

.]

The Presiding Officer:

First Minister, please give me a moment. A question has been put to the First Minister; let us hear him respond with no other comments.

The First Minister:

Douglas Ross is saying that nothing has been handed over, but that is incorrect. My statement to the Covid inquiry is more than 100 pages long, so to suggest that no information has been passed over is simply incorrect.

We are not just complying with our policy. On the back of this morning’s comments from counsel, I am seeking assurances that the DNDN—“Do not destroy” notice—has been fully complied with, not just by ministers but by every relevant Scottish Government official. We take seriously the concerns that have been raised by counsel. The Government will, undoubtedly, fully co-operate with the UK inquiry and the Scottish public inquiry.