Government Response to Covid-19: Public Inquiry

Bernard Jenkin Excerpts

Thursday 22nd July 2021 Commons Chamber

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

May I be one of the many to congratulate you, Madam Deputy Speaker, on being pinged into your position at such short notice?

Let me pick up on the remarks of the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) about his being unable to do his job. Collectively, Parliament is doing a great deal of scrutiny of the whole covid pandemic.

[Neale Hanvey]

I agree that scrutiny must be done, but if I cannot get a sensible answer from a Minister at the Dispatch Box, am given glib replies and am not provided with the information that I have rightly requested, that makes scrutiny almost impossible.

[Sir Bernard Jenkin]

I understand the hon. Gentleman’s frustration, but I have recently served on the Public Accounts Committee, I am Chairman of the Liaison Committee and I have served as Chair of the Public Administration and Constitutional Affairs Committee, and I see the Science and Technology Committee, the Health and Social Care Committee and other Committees of this House doing a great deal of really drilling-down scrutiny, so it is not as though no scrutiny is taking place.

I suspect that during this debate we will hear a mixture of the Opposition claiming it is an outrage that there is not an instant, fully comprehensive public inquiry lining people up against the wall to be shot and the Government saying there is not possibly any time for any of this. I have some sympathy for the Government’s position. A senior permanent secretary told me that Secretaries of State regularly complain, “Where is my permanent secretary?”, and it turns out they are preparing to go before another Select Committee. So much scrutiny is going on that is already almost impeding the Government in what they have to do.

We have to remind ourselves that a public inquiry is only a means to an end. The overriding aim of any public inquiry—this is a case in point—is that it should be part of a process that will restore justified public confidence in our system of government, which would satisfy the hon. Member for Kirkcaldy and Cowdenbeath. We must therefore prioritise: it is going to be an enormous undertaking. A lot of it should be set aside for the future and we should concentrate on what is most urgent.

What lessons need to be learned now to prepare better for the next pandemic, which could be imminent? Why was our response so slow to build? Why, like so many Governments around the world, did we continue to pretend that there was not going to be an impending emergency? That happened not just in this country but everywhere. What planning had been done and why did it prove so ineffective? What new, permanent machinery of government and capability does there need to be to address the failings so that early indications of a pandemic threat lead to timely and effective action? What parliamentary Committee should oversee all this and hold the Government accountable?

The role of Parliament is to stop the Government fudging the terms of reference, to guarantee the independence of the chair and to prevent the Government from kicking all the difficult issues far into the future. Under my chairmanship, we looked at the Chilcot inquiry. So often, inquiries are actually a means of delaying scrutiny and delaying a reckoning on the issues, as opposed to learning the lessons.

I just add that the public would expect wilful wrongdoing to be punished—backward accountability, I call that—but not an inquiry to apportion blame, least of all for party political reasons. What the public want is honest and open truth about what has happened, which will not happen if witnesses are seeking to avoid blame, so I fully support what my hon. Friend the Member for Thurrock (Jackie Doyle-Price) said about making sure that the inquiry is not about apportioning blame.

The purpose of an inquiry like this is to establish truth so that we can hold those in power accountable for what they will do in future to make sure things are better planned and turn out better. That is what I call forward accountability, and I think that is what Select Committee scrutiny in this House should be about.

--- Later in debate ---

[Jack Dromey (Birmingham, Erdington) (Lab)]

I would like to start by reading out a testament from Jane Roche from Castle Vale in my constituency. She lost her father and sister to coronavirus last year. She says:

“Losing my amazing Dad, Vincent Pettitt, and my amazing Sister Jocelyn Pettitt just 5 days apart has been the hardest thing to deal with in my life so far, and I am still grieving and will always grieve for them as they didn’t die in a natural dignified way with their family around them, telling them how much we loved them. We were such a close family.

My Dad was such a lovely man, no fool and strong in every way, I always felt loved and protected by him, he was so funny and had a very dry sense of humour, always making people laugh, his will to live was amazing, he fought other illnesses but always fought on.

My Sister was beautiful inside and out, very kind and loving, a wonderful Mother and Grandmother and her 3rd Grandchild was due to be born a month after she died so she never got to meet him and she was really looking forward to it. I feel robbed of Dad and my Sister as they were snatched away by Covid-19.”

She goes on:

“Only someone who has lost their loved one to Covid would understand how I feel, and unfortunately there are thousands of us. I feel heartbroken and I always will, I feel anxious most days and cry most days, and I miss them so very much…I need the Public Inquiry to happen this year, dragging it out until next year only makes me angry and the grief is made worse by thinking that nobody cares about all the people that have died from Covid…This has changed my life forever, I always feel like something bad is going to happen as I would never have expected this double tragedy last April. I will never get over this.”

The voice of the relatives; the voice of loss; the voice of pain—a voice that should be listened to.

I thank all hon. and right hon. Members who have contributed to this debate from across the House of Commons and those who participated in the work of the Committee, leading to the recommendations before us. I particularly thank the hon. Member for Hazel Grove (Mr Wragg), who chairs the Committee; the hon. Member for Thurrock (Jackie Doyle-Price), who gave a comprehensive report today; and Members, including the hon. Member for Harwich and North Essex (Sir Bernard Jenkin), who have made contributions on the importance of learning lessons now if we are to avoid mistakes in the future.

The Committee’s report calls for a public inquiry into the Government’s response to covid-19 to begin immediately. We owe it to the families that this happens. The covid-19 public inquiry should be a landmark event in our nation’s history.

[Sir Bernard Jenkin]

I thoroughly endorse the hon. Gentleman’s remarks, which underline the importance of giving settlement to the aggrieved and bereaved. That is an important role for a public inquiry. Does he also agree that the vast task that the public inquiry will represent means that it needs to be segmented, and that there are urgent bits that need to be done now and other bits that could be done later? Will he join me, and perhaps work with some Select Committees, to come up with some terms of reference for which parts of the inquiry should start now and would not disrupt what the Government need to carry on doing at this very pressured time, but would enable us to start the learning process on the urgent matters?

[Jack Dromey]

The hon. Member makes a good point that a sensible debate can and should take place on how the inquiry can commence immediately and then be conducted in stages. Surely the first priority is learning lessons from what has gone wrong in order to avoid that in the future and to avoid us seeing yet more people die needlessly. That approach is sensible. Exactly how the public inquiry is conducted should form part of the debate.

Over the past year, the country has experienced tragedy and human suffering on a scale not seen since the second world war. No one could have imagined that 130,000 lives would be lost to this terrible virus, which has turned whole lives upside down as family and friends mourn the loss of loved ones. That is why this debate matters and why a public inquiry is so important. All Members across the House will have heard heartbreaking stories from their constituents over the past 18 months, like from Jane, who quite simply says, “I want to know why my dad and sister died. What were the mistakes that were made?”. She always asks, “How can we ensure that no one else in future suffers the loss that I have suffered?”. It is therefore vital that the covid-19 public inquiry has the confidence of the bereaved families, such as Jane.

The Committee’s report is a vital contribution to ensuring that the Government get the process right. In the time since the report was published, the Government have announced that a public inquiry will take place. However, that should not be a reason to be relaxed, because I am afraid that the Government’s approach to the inquiry thus far falls far short of what the Committee recommends should be expected. As a consequence, the Government risk the trust and confidence of the bereaved families if they do not place them at the heart of the process going forward, about which I will say more later.

I wish to focus on three key areas highlighted by the report in which, frankly, the Government’s approach is lacking: first, the timetable for the inquiry to begin; secondly, the selection of the chair and the terms of reference; and thirdly, the implementation of the inquiry’s recommendations. On the first point, the Government have set a timetable for the inquiry to commence in the spring of next year. That is simply too far away. Everyone understands the challenges that the country had to face during the first wave, but the Government’s failure to learn the lessons of the first wave has already left us with an even more tragic second wave during last winter, with too many lost lives and our stretched economy under even more strain. Then, this spring, we have had the debacle of the borders policy, with the delta variant sweeping through the country and a third wave developing and cases now rocketing.

It is therefore critical that we learn the lessons that need to be learned now. The Government cannot kick the can down the road to next spring. I stress again that we need to go forward to the next stages. We know that the Government have conducted internal lessons learned reviews. What are these reviews? Why will they not publish them? What is there to hide? The Committee recommends that such in-house assessments by Government Departments should be handed to the relevant Select Committees and the summaries also made public, and that has got to be right. Surely, on a matter so important to the future preparedness of the nation to rise to the challenge of coronavirus, the Government should publish these reviews now.

I now turn to the selection of the chair and the terms of reference of the inquiry. Paragraph 24 of the Committee’s report is clear that the setting up of the inquiry’s secretariat and administrative functions must begin “immediately” as

“delaying the set-up will inevitably delay the inquiry’s ability to start work in earnest”.

The Committee is absolutely right. I completely agree, and we have been clear, that the work must commence now and that it must be transparent and in consultation with the bereaved families. Just how long do the Government expect the families to wait for this process to begin? Other family members have said to me, “Jack, justice delayed is justice denied. We, the bereaved families, deserve better than this.”

I understand why the Government do not wish to redirect officials and frontline staff on a wholesale basis from the work of combating the pandemic, but surely the consultation with the bereaved families and other stakeholders on the selection of the inquiry chair, its secretariat and terms of reference can and should begin now. The Committee highlights that consultation with the bereaved families could make a “significant contribution” to the inquiry. I absolutely agree. The House will therefore want to hear from the Minister how much progress has been made on consulting the bereaved families on these matters.

Yesterday, dozens of members of the Covid-19 Bereaved Families for Justice campaign came to London. It was heartbreaking to walk down row upon row of photographs of loved ones who had died. They wanted to bring home the impact on them, the relatives and the bereaved, but they also wanted to know, in telling their often heartbreaking stories, why no one was talking to them. One mother whose grandmother had died said, “Why is it that they are not talking to us?” She wanted to know why the Government had not contacted relatives’ organisations, particularly the Covid-19 Bereaved Families for Justice campaign, to start to engage in a dialogue going forward at the next stages. It is inexplicable and absolutely unacceptable.

I share the concern of the relatives over the foot-dragging by Ministers who have avoided repeated requests to meet the bereaved families and hear their concerns. I can give an example that I have been engaged in personally. Before resigning, the former Health Secretary was good enough to agree at the Dispatch Box last December to meet families from Birmingham, yet not once did he or his office contact them or me to make the arrangements, despite numerous phone calls and emails from us. Not once. He had lifted the expectations of dozens of relatives that they would at last be involved in dialogue and consultation, but the door was shut in their face. I hope the Minister can now give a clear assurance that the bereaved families will be consulted on the chair and the terms of reference.

Finally, there is the question of implementing the inquiry’s recommendations. The hon. Member for Thurrock, in a powerful contribution, mentioned Bishop Jones, the Hillsborough inquiry and the mistakes that were made before fully exposing the truth of what happened. That point was well made. We cannot let this be a public inquiry whose recommendations are quietly shelved or swept under the carpet. The national trauma that the country has endured over the past year demands more. Despite the crisis last year, this country has achieved great things, but a decade of austerity weakened the foundations of our country and undermined our national defences against the pandemic.

We cannot simply go back to business as usual when the pandemic subsides. Lessons must be learned. The Government should therefore make a clear commitment both to set up the inquiry and to engage with it. It is only by beginning the inquiry that we can learn those serious lessons to avoid future tragedies. Without that, we cannot build a better future for our country, built on the strength and resilience we tapped into to get through the hardest of times. Only then can we be ready for whatever challenges come next.

In closing, I refer once again to those who should be at the heart of the covid-19 public inquiry: those who died and their families. On both sides of the House, right hon. and hon. Members have been meeting bereaved families over the past year. Those meetings have been some of the most difficult and emotional I have ever been involved in. The families simply want to know why their loved ones died, when many of them should not have. They want the right lessons to be learned so that no one else has to suffer the loss they have suffered. That is a noble aim, and it is one that the Government must rise to in setting up the public inquiry. We owe nothing less to the bereaved families.

--- Later in debate ---

[The Paymaster General (Penny Mordaunt)]

Thank you, Madam Deputy Speaker, and congratulations.

I have answered many debates on the pandemic from this Dispatch Box, and it has always been right to start by thinking of all those who have lost so much and who have been through such pain and distress in this cruel pandemic, which has even denied people the ability to grieve properly. Inquiries have many purposes, as the chairman of the Hillsborough inquiry ably stated. They are a stepping-stone to closure for families, although the hon. Member for Birmingham, Erdington (Jack Dromey) is right to say that they bring no comfort for their loss.

It is incredibly important that we place those individuals and others, such as NHS and care staff who have given so much during this crisis, at the heart of the inquiry. Having had the privilege of being the sponsoring Minister for the infected blood inquiry since February 2020, I know how it can be done well. I have just announced the compensation study, which will involve a consultation on the terms of reference for that study with those affected by infected blood. That is how we do things, and I would give people comfort by saying, “Look at how we do these very sensitive inquiries. Look at how we can do them really well.” We want to do the covid-19 inquiry really well, and we will place those affected at its heart.

I want to answer the many points that have been raised by hon. Members and put on record my thanks to the Backbench Business Committee for this debate. I thank all right hon. and hon. Members who have made contributions, and I thank the Chair, the hon. Member for Gateshead (Ian Mearns), and the Committee for their work. I also thank my hon. Friend the Member for Thurrock (Jackie Doyle-Price) for opening the debate.

Clearly, the Government agree with the Committee that there needs to be a statutory inquiry, and my right hon. Friend the Prime Minister confirmed that in a statement to the House on 12 May. The public inquiry will be established on a statutory basis with full powers under the Inquiries Act 2005.

Several Members have raised the timing of the inquiry, and I agree with many of the comments that have been made. We want to do this as swiftly as possible, but not to the detriment of the pandemic response. Several Members have recognised that this would place a significant burden on the whole of Government, our scientific advisers, our NHS and many others.

Although we want to start the inquiry in the spring—on the timetable, given what I have said about the work that needs to be done to set the inquiry up, I hope that I will be able to give hon. Members some comfort that that will start very shortly—of course we do not want to wait for that before commencing other work. As my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin), the Chair of the Liaison Committee, has suggested, we need to learn lessons now to enable us to continually improve our response, not just to this crisis but to other threats that may be out there. And we have continually learned—not just in Government, but ably supported by the excellent work of this House and its Committees, as well as the National Audit Office and many others.

We are already taking important steps to improve our resilience, which is why last week we launched the call for evidence to inform the development of a new resilience strategy. That call for evidence starts a proper national debate about what effective resilience should mean for us all, and will allow us to move towards a whole of society approach to resilience and build resilience into our everyday lives.

[Sir Bernard Jenkin]

I am fully aware that the Government are learning lessons as quickly as possible, but they are underpowering their ability to strengthen public confidence. This just looks too much like the ordinary activity of Government. For example, if the call for evidence was going to be independently assessed—not by a statutory inquiry but at least by an independent chair, supported by a panel of independent people—and a report more independent than just a Government White Paper was going to be compiled, and if the panel was going to be able to take evidence from victims and others who have participated in the crisis, not necessarily Ministers and Government scientists, would that not strengthen public confidence that there was an element of independence injected into the process and that things were being done that they were not aware of?

[Penny Mordaunt]

I agree with the thrust of what my hon. Friend says. Leaving the inquiry to one side for the moment, the call for evidence and, indeed, all the work that we have done improving not just our risk register but our risk assessment tools, because we recognise that we need to reform the methodology that sits behind it, are with external partners. For example, on the risk assessment, we are using various external stakeholders—with engineering skills, for example—to kick the tyres on our methodology, and it will be much more open and consultative than any previous process.

I will move on to how the inquiry could be established. Many Members have commented on having a panel. Clearly, some inquiries have taken that model. That is a very good point, and it is one that I know my colleagues are listening to. We have not rested on those findings; we have established many things to improve our response. I will go into this in slightly more detail, as many Members have raised these points. We have established a joint organisational learning system, jointly managed by the emergency services interoperability principles team and the civil contingencies secretariat. We established the UK Health Security Agency in April this year. We have a new situations centre. We have the Boardman reports, the first of which set out 28 recommendations that the Department is committed to implementing in full. The second report, which is a wider review, has identified a further 28 recommendations for improvements to procurement in Government. We are also steadfast in our commitment to intensify international co-operation. We want to reflect on the central role that the World Health Organisation has played over the course of the pandemic in achieving resilient healthcare systems.

We are seeking to implement improvements to systems and processes so that we are better prepared for any future crisis, whether it is a health issue or any other. Those improvements need to be embedded into the development of new capabilities such as the situations centre or the launch of the catastrophic emergency planning programme. With regard to those on the frontline, particularly local resilience forums, a huge amount of learning has gone on. We are currently funding a pilot to build capacity in local resilience forums. They are on the frontline. They should be in the driving seat for local decisions, and we want to build their capacity in that respect.

I very much welcome the Committee’s conclusions, and also the views of other Members of the House who have said that the inquiry should be forward-looking and primarily focused on improving our policy. I know that many are in agreement on that.

With regard to the chair of the inquiry, the Committee recommended, as we have heard, that the Government give proper consideration to a non-judicial chair. There are many ways that that could be set up. There could be a panel to sit alongside the chair. What is critical is that there is a genuine breadth of experience. While not wanting to slow the inquiry down, we really do need it to be led and supported by people who have that expertise.

The Government are extremely grateful to the Committee and this House for their thoughtful considerations on these issues. I hope that some of what I have said may provide reassurance to all those who have been affected by these terrible events. Retaining their confidence, and the confidence of all who have been involved in this crisis, is vital if we are going to get a good result in this inquiry. I want to assure Members that we will also be working with the devolved Administrations in this regard.

[Penny Mordaunt]

I would be happy to meet anyone who has been affected. I am not the sponsoring Minister for this inquiry. However, I have always found in my engagements with victims in inquiries where I am the sponsoring Minister that they are incredibly helpful in making sure that we are doing the right thing. I may not be the Minister whom it would be most beneficial for that campaign to meet, but the hon. Gentleman certainly has my assurances and my commitment to ensure that the inquiry is the best it can be.

[Sir Bernard Jenkin]

Will my right hon. Friend place on the record who is the sponsoring Minister?

[Penny Mordaunt]

At the moment the Prime Minister is the sponsoring Minister. Clearly, he will want to delegate some functions to other Ministers. I tend to do a lot of this work in the Cabinet Office, and I stand ready to play my part, but the Prime Minister himself is taking the lead. I think that is very understandable given the nature of this inquiry. In closing, I wish all colleagues well for the recess.