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Humza Yousaf has apologised “unreservedly” for the Scottish Government’s handling of requests for messages from the UK Covid-19 Inquiry.
It came as the Scottish First Minister began giving evidence to the inquiry, sitting in Edinburgh, on Thursday afternoon.
He described his Government’s handling of inquiry requests as “frankly poor” and offered an apology.
Jamie Dawson KC, lead counsel to the current module of the inquiry, put it to Mr Yousaf that it is “important” for the messages to be retained so proper lessons can be learned.
Mr Yousaf said: “I apologise unreservedly to the inquiry and to those mourning the loss of a loved one.”
The First Minister, who was Scottish health secretary from May 2021 until March 2023, said he believes there were times that decisions made during the pandemic by his predecessor Nicola Sturgeon were not “cascaded” to the rest of the cabinet.
He told the inquiry it was, however, “very rare” for decisions to be made solely by Ms Sturgeon.
Mr Dawson asked Mr Yousaf if decisions were made through the cabinet, the then first minister or through the gold command group.
He replied: “It was a variety of all of those decisions we made.”
However he said there were times when Ms Sturgeon wanted a “tighter cast list” for decision-making.
He insisted a WhatsApp message from national clinical director Professor Jason Leitch was an example of the adviser “over-speaking”, after Prof Leitch suggested Ms Sturgeon “actually wanted none of us” (in relation to decision making).
An exchange of WhatsApp messages between Mr Yousaf and Prof Leitch on May 20, 2021 showed the adviser saying: “There was some First Minister ‘keep it small’ shenanigans as always. She actually wants none of us.”
Mr Dawson asked Mr Yousaf: “Was this an indication in fact that the first minister really took decisions in connection with the pandemic herself, or at least would have referred to it that way?”
Mr Yousaf responded: “I think that was, as Jason (Leitch) said when he gave evidence to this very inquiry, an example of him perhaps over-speaking.
“I don’t doubt of course there were times the former first minister needed a tighter cast list and wanted one.
“I think this is a classic example of Jason perhaps over-speaking.”
Mr Yousaf also said Prof Leitch’s advice to him in a message that “literally no-one” followed mask guidance for standing in a public place was another example of him “over-speaking”.
Prof Leitch’s reply came in a WhatsApp after Mr Yousaf asked the adviser for guidance on wearing a mask on November 19 2021, and the exchange was shown to the inquiry.
Mr Dawson asked Mr Yousaf: “If the cabinet secretary for health and social care felt the need to clarify the rules, what chance do others have in understanding the rules?”
Mr Yousaf said: “As the cabinet secretary for health and social care, I didn’t want to just double-check the rules, triple check them, I would quadruple check them if I had to, because the intensity of the public scrutiny that we were under.”
Mr Dawson asked the First Minister if he was concerned about Prof Leitch’s advice during the pandemic.
Mr Yousaf responded: “For those that know Jason, I think by his own admission he would perhaps have a casual way of speaking and perhaps over-speak, as he described it.
“So when he says ‘but literally no-one does’, that to me suggested that yes, on this particular nuance when it comes to being at a dinner or a reception, that when standing speaking to people there wasn’t people wearing masks as per the guidance we had.”
The First Minister insisted he was seeking counsel on the rules, rather than looking for advice on how to break them.
Mr Yousaf also said he used his own personal phones to conduct Government business during the course of the pandemic rather than a Government-issued phone.
Mr Dawson asked him: “Is it the case that you used your own personal phones, plural, for WhatsApp messages during the course of the pandemic rather than a Government-issued phone?”
Mr Yousaf said: “Yes that’s correct.”
Mr Dawson said: “I think it has transpired from the material you have provided that in fact you had multiple phones?”
Mr Yousaf replied: “Both personal and Government devices, yes.”
The inquiry, which continues, is holding a series of hearings in Edinburgh as it probes the devolved administration’s response to the pandemic.