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29 June 2023 / John Gould
Issue: 8031 / Categories: Opinion , Covid-19 , Public
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The COVID inquiry: what’s relevant?

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Who gets to decide what information the COVID inquiry should see? John Gould suggests that the government, by objecting to handing over material, may have forgotten its proper role in supporting the work of a public inquiry

Nearly as many people have died in the UK from COVID as British military personnel died in the six years of World War II. It is hard to overestimate the importance of establishing the facts of the pandemic, without doubt or spin—not only for the victims, but also so that hindsight may help us when, inevitably, the next pandemic comes.

Few would doubt the wisdom of establishing a public inquiry independent of those who found themselves having to make decisions in the most challenging of circumstances. It was obviously right that the inquiry be established under the Inquiries Act 2005 (IA 2005) so that witnesses could be compelled to attend and documents demanded with the reinforcement of criminal sanctions for non-compliance.

Now, an esoteric dispute has arisen between the inquiry and the government

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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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