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The Herald Scotland

ScotGov warned over inquiries secrecy as public cost soars by £60m

A watchdog's investigation into the Scottish Government's deletion of electronic messages is expected to make judgments on ministers' communications and record keeping practices this summer. The current cost of live inquiries has soared thirteen-fold over ten years to stand at nearly £180m. The cost of the five live major inquiries that are currently running eclipses the solitary one that was live ten years ago - and even those costs are spiralling. The current public cost of the inquiries that are live is enough to build 10 average sized schools. At the start of last year the live inquiries were costing £120m. Ten years ago the solitary major inquiry at the time into the Edinburgh Tram project came at a total cost of £13m. It was set up to establish why the capital's trams project incurred delays, cost more than originally budgeted and delivered significantly less than was projected. Edinburgh TramsBut there are concerns that overall cost figures for inquiries could well be a lot higher as they do not include the costs to government departments, other public bodies and those participating. The solicitors group warned that until the deletion of data from public inquiries is banned by law - the effectiveness of public probes will be compromised. Inquiries are a way to scrutinise serious events of public concern that have occurred and can fulfil multiple purposes including establishing the facts, determining accountability, learning lessons and making recommendations. While seen by some as crucial in certain circumstances, the rising numbers has led to escalating concerns that politicians and officials are over-relying on them as a way of dealing with key issues, hoping they will go away. They have established a reputation for being slow-moving. But there are concerns about just how open they actually are. It was during the 12 sessions of the UK Government-commissioned Covid inquiry probe which took place at the Edinburgh International Conference Centre (EICC) last year that the former First Minister Nicola Sturgeon denied accusations of secrecy, while admitting that she deleted her WhatsApp messages during the pandemic. --------------------------------------------------------------------------------------------------------------------------------- READ MORE by Martin Williams Why does Scotland hold public inquiries amidst escalating costs Swinney urged to act over 'stalled' lifeline funding of ferry fiasco firm Revealed: £400k public cost of ScotGov Euro 2028 ticket tout ban that 'won't work' 'People going bananas': New ferry fiasco hits vital island supplies 'Stretched to breaking': Nation loses 800 officers since formation of Police Scotland --------------------------------------------------------------------------------------------------------------------------------- She said decisions were not made via informal messages and that they were deleted in line with government policy. It was also during the UK inquiry that the deputy first minister John Swinney also admitted that he deleted messages between himself, Nicola Sturgeon and Humza Yousaf in a practice which could date back to 2007. It has emerged Scottish Information Commissioner, which has been probing the Scottish government's use of informal messaging for over a year, is expected to make judgments on its practices this summer. The Scottish Information Commissioner stated that the Covid-19 inquiry had raised "significant practice concerns" over how ministers used messaging services such as WhatsApp and has been investigating since February, last year. The professional body for over 13,000 Scottish solicitors has warned ministers: "The key to effectiveness of any public inquiry depends significantly upon the preservation and availability of relevant information. Scottish Covid Inquiry (Image: PA) "The UK and Scottish Covid inquiries have demonstrated the governmental use of WhatsApp, other social media and data. The deletion of this data as part of the public record means that such material will not be available to the inquiries." In an overview of the effectiveness of public inquiries currently under examination, they said: "This will reduce the efficacy of those inquiries and unless the deletion of such data is prohibited by law of future Inquiries too." They said that the Inquiries Act 2005 needs some amendment to improve the way they work. They suggest a re-examination over its compatibility with the European Convention of Human Rights - as the Act give ministers power to issue restriction notices to withhold material from publication and even to withdraw funding. It also provided ministers with "wide discretion" to commission an inquiry but not to explain why it would not agree to one. "This should be remedied, if the Act is to be amended," they say. The latest inquiry into Sam Eljamel, who harmed dozens of patients and left some with life-changing injuries, was launched last month and has racked up £1.08m in costs so far - before hearing any evidence. Mr Eljamel was head of neurosurgery at Dundee's Ninewells Hospital until his suspension in December 2013. He resigned a year later and is now believed to be operating in Libya. The most expensive and longest running of the current probes is the Scottish Child Abuse Inquiry into historical abuse of children in residential care that was formally established in October, 2015 - ten months after the Scottish Government announced that it would happen. Scottish Child Abuse Inquiry (Image: Supplied) Concerns have been raised about delays and mounting costs - which was running at £78.211m at the start of last year and has risen to £95.3m as of March, 2025. Alastair Bonnington, former honorary professor of law at the University of Glasgow, believes that public inquiries should be scrapped. The retired former head of legal at BBC Scotland for 16 years said: "We firstly have to recognise that Inquiries are often set up by Scottish politicians for purely political reasons, not for the proper purpose of discovering facts which will be useful for the future. That's why we have the separate Scottish Covid Inquiry. It's a complete waste of time and money, purely aimed at showing that 'Scotland is different'. "The obsession of the current Scottish administration in keeping everything secret - usually to avoid revealing their idiocy - is a huge problem. "The inquiry judge should be able to overrule these desperate attempts to withhold information from the public. The Scottish government use of WhatsApp as a way to avoid scrutiny is a classic example." Lord Hardie, the man in charge of the Edinburgh tram probe has further admitted there were limitations when inquiries like the one he oversaw was established by the Scottish Government as non-statutory, which he says he was not consulted over. He has said in correspondence seen by the Scottish Government that this led to him being unable to access material held by the City of Edinburgh Council and resulted in the refusal of key witnesses to co-operate. The second most expensive live public probe is the Scottish Covid-19 inquiry which started in August, 2022 to examine Scotland's response to and the impact of the pandemic and to learn lessons for the future. It had run up costs of £12.816m by the start of last year. And by December last year it was at £34m. The inquiry into the death of Sheku Bayoh launched in November, 2019 had cost £16.289m at the start of last year. As of December, it was at £23.8m. Sheku Bayohin 2015 after a struggle while being restrained by police officers in Kirkcaldy in May, 2015. There are concerns those costs could spiral even more after the inquiry confirmed it had just recruited a top lawyer from London after concerns were raised over the impartiality of the probe's chair. Jason Beer KC has been appointed as the third senior counsel to the beleaguered investigation. The Scottish Hospitals Inquiry chaired by Lord Brodie QC which is examining issues of safety and wellbeing issues at two Scots health establishments had cost £14.33m at the start of last year after opening in August, 2020. It had risen to £23.6m in December, 2024. It is examining complaints around the Queen Elizabeth University Hospital (QEUH) in Glasgow, and the Royal Hospital for Children and Young People (RHCYP) and Department of Clinical Neurosciences in Edinburgh. Its final report is expected to be issued at the end of next year after calls for further evidence. The Iraq Inquiry, into the UK's involvement in the Iraq War, chaired by Sir John Chilcot, cost just over £13m over the eight years it was in action. At the start of last year, the Herald revealed the cost of live inquiries at that point was at £120m, while the Scottish Parliament launched an inquiry last month into their cost effectiveness last month. Research suggests the total cost of all public inquiries launched over the last 18 years, in today's prices, is at £230m so far. A Scottish Government spokesperson said: 'Public inquiries are set up when no other avenue is deemed sufficient given the issues of public concern. In many cases, such as the Scottish Covid Inquiry, they are set up with the support of, or in response to calls from, the Scottish Parliament. "Public inquiries operate independently of government and the chair has a statutory duty to avoid unnecessary costs.'