6. Submissions on Behalf of the Executive Office Northern Ireland by Mr Sharpe KC

Mr Sharpe: Good morning, my Lady.

I’m afraid I’m hidden from direct vision by the pillar on your left, but I can assure you that I am present and here.

Lady Hallett: I thought we were going to try to make sure that those who speak weren’t behind a pillar, Mr Sharpe, I’m sorry.

Mr Keith: My Lady, I think that really is beyond unfairness.

Would you like to move?

Mr Sharpe: Perhaps I can move across, yes.

(Pause)

Lady Hallett: I knew from the outset these pillars were going to be a problem.

(Pause)

Lady Hallett: Right, now you need to make sure you’ve got a microphone. Yes.

(Pause)

Mr Sharpe: Thank you very much for all of the assistance offered by my colleagues.

My Lady, thank you for this opportunity to address the Inquiry and all those who have been touched by the tragedy of the UK Covid-19 pandemic.

I represent the Executive Office, which I will also refer to as the TEO. One of the nine government departments in Northern Ireland, TEO supports the Northern Ireland Executive, which is made up of five different political parties in a mandatory coalition. Each of the nine departments are independent, and matters only come to the Executive for decision-making if they are significant, controversial or cross-cutting.

The model of devolution in Northern Ireland is radically different to others in the UK or, indeed, Westminster.

The remit of the Executive Office is to contribute to and oversee the co-ordination of executive policies and programmes in order to improve the economic, social and environmental well-being of the population.

Within this remit, TEO has policy responsibility for civil contingency planning matters, specifically for the co-ordination of civil contingencies and emergency planning, including the wider consequences of disease outbreaks, as in this catastrophic case.

The First Minister and deputy First Minister are joint ministerial heads of the Executive Office. They are accountable to the Northern Ireland Assembly for their policies and programmes, and for the activities of the department, including its arm’s length bodies.

All civil servants in the Executive Office operate under their direction and control in discharge of their functions.

The Head of the Northern Ireland Civil Service, also referred to as HOCS, was the Permanent Secretary to the Executive Office during the period under investigation in this module. In June 2021, the Northern Ireland Civil Service created a new Permanent Secretary role within the TEO to lead the policy agenda and delivery. Dr Denis McMahon was appointed as Permanent Secretary on 26 July 2021.

My Lady, we will hear from Dr McMahon in due course during this module.

During the response period the Head of the Civil Service chaired the Civil Contingencies Group, or CCG. The CCG is the principal preparedness body for the public sector in Northern Ireland.

The one thing that is important to note, my Lady, is that you will have seen that there were no ministers in government in Northern Ireland between 16 January 2017 and 11 January 2020. The Executive Office performed its functions during that period within the constitutional confines that applied. In this respect, my client was acutely aware of the importance placed by the Inquiry on the question of any impact of the absence of an Executive in that period.

The ministers returned to office on 11 January 2020, and the Minister of Health attending the first COBR meeting on 29 January 2020. Clauses for the inclusion in the Coronavirus Act were discussed at the Executive meeting on 17 February 2020. There was a special CCG Covid-19 officials meeting on 20 February 2020, and advice went to ministers on 3 March 2020 setting out the command, control and communications – or C3 – arrangements that would apply.

It’s also relevant to mention EU exit. TEO has also noted the evidence provided in terms of EU exit and the interest of the Inquiry in this issue. The EU exit arrangements, including Operation Yellowhammer, had a number of very significant impacts on contingency planning arrangements across the UK. Given the unique circumstances which applied to Northern Ireland and the political sensitivities, the effects were more pronounced.

Austerity. The impact of austerity has also been raised in the evidence to date. This is an important aspect of the Inquiry which can help to set the context for TEO’s evidence, specifically in terms of reduced staffing in the Northern Ireland Civil Service and also in terms of wider public service sustainability.

The Executive Office is determined that the knowledge, recommendations and lessons identified by this Inquiry will be treated with the utmost seriousness and importance. TEO can guarantee you and those who have suffered such profound loss that the department will not be found wanting in responding to and comprehensively addressing changes recommended by the Inquiry.

The written evidence from the families of the bereaved has had a striking effect upon all who have heard it, not least TEO’s team charged with preparing for the contribution to this hugely important Inquiry. Further, the Module 1 impact film demonstrates the depth of loss for people who were touched by the Covid-19 pandemic. It is impossible to view the film and not be moved.

The Inquiry’s role in highlighting the perspective and lived experience of the victims of the pandemic as well as the experiences of all those involved is crucial. There is no substitute for this. We thank you and your team for the extent to which you have conveyed that moving experience.

The modular approach, as well as the Chair’s commitment to produce reports on each module, means that TEO can apply lessons from those as soon as possible. This means, in practice: identifying and learning from the best practice, mistakes and systemic issues that emerged during the pandemic; demonstrating the importance of good governance in support of decision-making, particularly when decisions have such a crucial role in promoting the well-being of the people who TEO serves; engaging directly with people across all of society, including the equality groupings to ensure their needs are incorporated into future plans; and simplifying organisational design, leadership and delivery of high quality public services for everyone.

This week marks the outward commencement of your investigation, my Lady, to understand exactly what happened, when it happened and why it happened. The Covid-19 pandemic has had and continues to have such a profound effect upon society in so many ways. Those affected must be given truthful answers to the questions they have asked since the earliest days in March 2020.

Those whose lives were irreparably damaged by the pandemic will rightly wish to know how future contingency planning in Northern Ireland can be designed to avoid any future failures.

We share that quest to learn and will not be afraid to acknowledge when it is clear that government could have done better.

My Lady, those are my opening comments, and I’m very grateful for you listening to them.

Lady Hallett: Thank you very much indeed, Mr Sharpe.

Mr Strachan, sorry you have had to wait so long.