Scottish Government WhatsApp use to be investigated

The probe will look into the decisions to delete messages from the pandemic

The investigation will be led by the former chair of the Scottish Police Federation
Author: Molly TulettPublished 4th Feb 2024

An investigation will be launched into the use of WhatsApp by the Scottish Government, after the UK Covid Inquiry found ministers had deleted messages from during the pandemic.

Senior officials and ministers – including former First Minister Nicola Sturgeon – did not retain messages sent regarding lockdowns and other decisions around COVID-19.

The investigation will be led by the Scottish Police Federation’s (SPF) former chair, David Hamilton, who said the evidence from Lady Hallett’s inquiry raised “significant practice concerns”.

First Minister Humza Yousaf branded the SPF’s leadership during the pandemic as a “disgrace” in June 2020, in messages from the then justice secretary to John Swinney.

"Significant practice concerns"

He explained he “vented” his anger about the organisation’s approach to the pandemic, saying “they have shown an arrogance and retrograde thinking”.

Ministers say they were acting in line with the Scottish Government guidance in relation to informal communications, however Mr Yousaf has ordered an external review.

Mr Hamilton has previously expressed “concern” about the deletions, adding: “The failure to retain or even record a complete set of the decision-making processes has not only deprived the inquiry of information, but also frustrated the public's right to request information and generally undermined the spirit of freedom of information.

"It is critical that public officials retain information which allows the public to understand how decisions are reached, for both record-keeping requirements and to maintain public confidence."

Not the government's "finest hour"

He continued: "Understanding how decisions are reached is how public trust in decisions are secured and lessons learned for the future.

"It is evident from this week's events that the use of informal communication channels presents risks to transparency and accountability within government.

"My intervention will review current practices as well as identifying actions to be taken to ensure improvements are made in relation to how officials and ministers use and retain informal communications in future."

Mr Yousaf admitted the government’s handling of requests for WhatsApp messages had not been its “finest hour”, however he has rejected accusations from opposition parties that the Scottish Government made pandemic decisions for political reasons.

"Allows the public to understand how decisions are reached"

On Thursday, he defended Ms Sturgeon's handling of the pandemic, saying he is is "very pleased" she had been in charge during the "darkest days" of the pandemic.

On Friday, the UK Government's Scottish Secretary Alister Jack told the inquiry he had deleted "all" of his WhatsApps in November 2021 in order to free up space on his phone.

The information commissioner's office said its "intervention" would be separate to any activity announced by the Scottish Government.

A Scottish Government spokeswoman said: "We have not yet received the notice from the Scottish information commissioner, when we do so we will respond and, of course, co-operate with the commissioner as required.

Several ministers admitted deleting messages from the pandemic

"The Scottish Government has a well-established and overarching records management policy in accordance with the Public Records (Scotland) Act 2011 and assured by the keeper of the records of Scotland.

"The First Minister has commissioned an externally-led review into the use of mobile messaging apps and non-corporate technology in the Scottish Government.

"This will take particular account of government interaction with statutory public inquiries.

"Scotland has the most open and far-reaching FOI legislation in the UK and the Scottish Government remains committed to our statutory obligations to ensure openness and transparency."

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