1. In June 2021, the Scottish Government was told to retain messages relevant to its handling of the Covid pandemic. However, five months later, the Scottish National Party introduced a policy of destroying WhatsApp messages. That is the digital equivalent of building a bonfire to torch the evidence. Why did the SNP bring in a policy of deleting messages after it had been told to keep them?

First of all, the policy that Douglas Ross refers to is a general policy on mobile messaging, including informal messaging, such as on WhatsApp. What is key is that, when we got the advisory notices, particularly from the Scottish inquiry but also when we received information from the United Kingdom Government in relation to the UK inquiry, it was made very clear to officials, civil servants, ministers and Cabinet secretaries that any information that was relevant or potentially relevant to the inquiries should be retained and, of course, appropriately recorded in our record management system. That is why 14,000 WhatsApp messages are in the process of being handed over now that we have the section 21 order. That is why 19,000 documents have already been submitted. That is why, when I submit my final statement, unredacted WhatsApp messages will be handed over to the inquiry.

I should say that that is in stark contrast to the approach of the Prime Minister, who tried to take the public inquiry to court and lost, of course, and is still refusing to hand over his

WhatsApp messages.

People who are viewing this are listening for the First Minister to tell us what the Scottish Government is doing. It is not up to Humza Yousaf or any current or former SNP minister to decide what is relevant to the inquiry and to pick and choose which messages are going to be handed over.

It is absolutely clear that the SNP brought in an auto-delete policy not just after being told not to do so by the UK Covid inquiry but after Nicola Sturgeon had set up a separate Scottish inquiry. That policy was introduced two months later. Nicola Sturgeon went on television to say that she could not withhold messages even if she wanted to. However, this week, it was reported that she has deleted her

WhatsApp messages.

We know that destroying or withholding evidence from an inquiry is illegal. Does

Humza Yousaf accept that, if

Nicola Sturgeon or any Government minister has destroyed

WhatsApp messages that are relevant to the inquiry, they would be breaking the law?

The First Minister:

As Douglas Ross has mentioned the former First Minister, let me remind him and, indeed, the chamber, that, in terms of accountability and transparency,

Nicola Sturgeon stood up day after day—virtually every single day—and did 250 media briefings—[

Interruption

.]

Members!

The First Minister:

She made 70 parliamentary statements. There was full accountability and full transparency in answering questions. [

Interruption

.]

The Presiding Officer:

First Minister—

The First Minister:

The Conservatives do not want to hear that, Presiding Officer, because, of course, that refutes their allegations—

The Presiding Officer:

First Minister, take your seat for a moment.

We are not going to continue this session in this vein. Members are required to conduct themselves in an orderly manner. Let us treat one another with courtesy and respect, and members should not decide to contribute from their seats.

The First Minister:

I remind the Opposition, particularly the Conservatives, that when the former First Minister stood up and did those daily media briefings, spoke to the public and took questions from the media, it was the Opposition that wanted to stop that happening in the first place.

Let me be absolutely clear, because this is such an important issue—[

Interruption

.]

What are you hiding?

The Presiding Officer:

Mr Kerr, I must ask you to cease shouting from your seat. I would be very grateful if you could comply.

The First Minister:

It is important that Opposition members do not shout from a sedentary position, because there are family members who have been bereaved by Covid who want assurances.

I reiterate what the Deputy First Minister said a couple of days ago in the chamber. The Government apologises to those families who were bereaved by Covid for any anxiety or distress that we have caused them; it was certainly not our intention.

We received clarification from the Covid inquiry last week of its expectations. It has provided us with a section 21 order, and we are in the process of providing 14,000 WhatsApp messages. On top of that, I will give my WhatsApp messages—unredacted—to the Covid inquiry, because we set up that inquiry for one reason only: to get to the truth and to ensure that there are answers for those families who suffered the most during Covid.

I cannot believe that Humza Yousaf has just stood up and, in the strongest possible way, defended Nicola Sturgeon, who has been accused of deleting vital WhatsApp messages. He did not answer the question, “Would she have broken the law if she had done so?” but the law is clear: deleting evidence that is required by an inquiry is a criminal offence.

That is in writing, in the Scottish Covid inquiry’s letter. The SNP Government was told

“to make sure that no material of potential relevance to the inquiry is destroyed, deleted or disposed of”,

as it would be

“an offence under section 35 of the Inquiries Act 2005”.

The problem with the SNP’s policy is that the messages are deleted before the inquiry can judge whether they are relevant or not.

Humza Yousaf previously told the chamber:

“any material that is asked for ... will absolutely be handed over to the Covid inquiries and handed over ... in full.”—[

Official Report

, 29 June 2023; c 15.]

Why has the SNP Government now failed to deliver on that promise by deleting evidence?

The First Minister:

Douglas Ross continues to say that we are not handing over WhatsApp messages. That is incorrect. We are in the process of handing over 14,000 messages.

On top of those 14,000 messages, I will, when I submit my final statement, be handing over many messages, not just with Cabinet secretaries or with ministers but with UK Government ministers and Opposition politicians across the chamber with whom I communicated.

I will do so unredacted

, because this Government believes in accountability, which is very different from Douglas Ross’s leader, the leader of the Conservative Party, who is refusing to hand that material over.

I understand why Douglas Ross wants to talk about process as opposed to substance. The reason why, of course, is that—in this week alone—we have seen utterly scathing, damning evidence about the UK Government’s handling, or mishandling, of the Covid pandemic.

I am, and this Government is, absolutely committed to being transparent and accountable, because we want the truth to be heard not just by the public but, in particular, by the families who were bereaved by Covid. We certainly do not have anything to fear from the truth—I suspect that the Conservatives absolutely do.

Humza Yousaf is all over the place with this. He starts by saying that he is going to hand over all the messages—[

Interruption

.]

The Presiding Officer:

Let us hear Mr Ross.

Now he says that he is going to hand over “many” of them and that he does not hide “from the truth”.

We do not know what the truth is, because messages have been deleted, and they have been deleted because of a policy of the SNP Government. That policy means that that Humza Yousaf can cherry pick the information that the inquiry sees. Crucial discussions may have been destroyed by the SNP’s auto-delete policy, and any uncomfortable information may be lost, never to see the light of day.

That secretive approach treats the Covid inquiry, and grieving families, with contempt.

No, it doesn’t.

The Deputy First Minister is saying, “No, it doesn’t.”

I urge Shona Robison to listen to Margaret Waterton, who lost her mother and—[

Interruption

.] Jenny Gilruth, listen to someone who lost her mother and husband to the virus.

The Presiding Officer:

I would be grateful if members would show one another courtesy and respect. When a member is meant to be speaking in the chamber, let us listen to them.

Senior Government ministers in the SNP do not want to hear what grieving families think about their actions. Margaret Waterton, who lost her mother and husband to the virus, said that the news that the Scottish Government has withheld evidence from the Covid inquiry is “frankly shameful”. Jane Morrison, a member of the Scottish Covid bereaved group, said:

“If someone deliberately deleted stuff to avoid us getting to the truth, then morally and ethically, as well as legally, it’s totally in the wrong.”

Does the First Minister regret letting down those families and so many others?

The First Minister:

Douglas Ross has every right to ask those questions. We have a responsibility to remember that many people lost loved ones to Covid, including many in the chamber as well in my Government. I reiterate the apology that was made by the Deputy First Minister to the Scottish Covid bereaved group and its representatives that we did not mean to cause them the anxiety that they clearly felt as a result of what was said at the Covid inquiry last week. That is on us and we intend to make that right. That is why we will release the 14,000 messages and I will also release my messages.

The absolute purpose of the inquiry is to get to the truth of the handling of Covid matters and, where mistakes were made, to learn from them. Ultimately, everyone will have an interest in that, from businesses across the country to members of the public—but those with the most acute interest will be the families who have been bereaved by Covid. I will give them an absolute assurance that we are here to co-operate fully with the inquiries.

I remind Douglas Ross of what we already know about his party’s mishandling of Covid. [

Interruption

.]

The Presiding Officer:

Members.

The First Minister:

F amilies could not say goodbye to their loved ones, and family members had to attend funerals by themselves without their family or friends around them, all while the Conservatives were partying, breaking Covid rules in number 10.

The Presiding Officer:

Briefly, First Minister.

The First Minister:

We know that the Conservatives do not believe that the rules apply to them. We have seen that in the evidence that has been given to the inquiry this week.

The Presiding Officer:

Thank you, First Minister.

The First Minister:

I give an absolute commitment that the Scottish Government will fully co-operate with both inquiries.