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Sylvia Shearer told the Inquiry that she was unaware of any opinion expressed to her at any time by Andrew Kerr other than to continue to hold the line to take as agreed with the UK Government.

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Sylvia Shearer told the Inquiry that she felt exposed being asked to give an off the record briefing and upon reflection she wanted her actions and advice on the record.

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Sylvia Shearer and Andrew MacLeod discussed advising Andrew Kerr to attend the Health Committee to give evidence whilst not straying on to issues that could affect the judicial review.

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In a letter to Roseanna Cunningham, Andrew Kerr stated that he was willing to attend the session provided it was made clear that he would not discuss any issue relating to the ongoing petition for a fatal accident inquiry.

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A tranche of documents was released with a covering letter to Robert Mackie which stated that whilst the material might be perceived as "new" to the public, the Executive maintained there was no new evidence contained within the files which warranted a public inquiry.

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A briefing paper to the Deputy Minister for Health and Community Care noted that the UK Government did not support a public inquiry but that if Scotland were to hold one, they would feel obliged to co-operate.

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The Minister for Health and Community Care, Andrew Kerr, told the Health Committee that he remained unconvinced of the benefits of a further inquiry.

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Andrew Kerr told the Inquiry that he made it clear to officials that if they felt the position adopted on holding a public inquiry was wrong they could acknowledge that and move to an inquiry.

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Andrew Kerr told the Inquiry that he found the advice he was given on the matter of whether to hold a public inquiry to be persuasive.

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The Health Committee voted in favour of calling for an independent public inquiry.

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Roseanna Cunningham communicated the outcome of the Health Committee's meeting in a letter to Andrew Kerr that the committee agreed to call for a full public inquiry

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A memo from Gerard Hetherington noted that Scottish Executive officials continued to be strongly against holding a public inquiry

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In an email to William Connon, Sylvia Shearer wrote that having talked to the Deputy CMO, Dr Aileen Keel and SNBTS, the line that there was no new evidence and therefore no need for a public inquiry could be retained.

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In an email to Caroline flint's Secretary, William Connon said it would be difficult to hold the line that there were no grounds for a public inquiry in England if the Scots were to hold an inquiry.

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Andrew MacLeod wrote that the response to a request to hold a fatal accidents inquiry would depend on the legal opinion and decision by the Lord Advocate and that it would be best to hold back a reply so they could be confident of the legal position.

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Department of Health officials found it reassuring that the Scottish position was to continue to resist calls for a public inquiry.

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It was recommended that the letter to the Health Committee from Andrew Kerr indicating he would not hold a public inquiry should be sent on the same day the letter from the Crown Office was issued to Thomson's Solicitors about not holding a Fatal Accident Inquiry.

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Following publication of the Self-Sufficiency Report, the media handling plan recognised there would be criticism from pressure groups who had campaigned for compensation and a public inquiry.

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According to a note from Gerard Hetherington, ministers felt that it was becoming increasingly difficult to resist holding a public inquiry

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Hugh Taylor, the Permanent Secretary at the Department of Health, asked for more information about what was "driving the pressure" for a public inquiry.

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