Do the powers of the Inquiry enable it to recover evidence from the UK government?
The powers of a Scottish Inquiry are set out in section 28 of the Inquiries Act 2005. In particular its powers under the Act only apply in relation to “evidence, documents or other things that are wholly or primarily concerned with a Scottish matter” or for the purpose of inquiring into something that is “wholly or primarily a Scottish matter”. A “Scottish matter” means a matter that relates to Scotland and is not a reserved matter within the meaning of the Scotland Act 1998. Section 28 also prevents a Scottish Inquiry from using its powers to “require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom….” There is, however, nothing to prevent a Scottish Inquiry from considering evidence made available to it by the UK government. The UK Department of Health has indicated that subject to its legal obligations it hopes to be able to provide the Inquiry with the documents it requires.
