Northern Ireland chief medical officer denies overreaching responsibilities during covid
Northern Ireland’s chief medical officer (CMO) has denied straying into overtly political issues during the Covid-19 pandemic. Sir Michael McBride also rejected a suggestion he over-reached on his responsibilities by asking to “clear” briefing papers sent to Stormont leaders at the outset of the coronavirus emergency. Giving evidence to the Covid-19 Inquiry in Belfast, Sir Michael pushed back on claims that he overstepped his remit on several occasions. Lead counsel to the inquiry Claire Dobbin KC challenged him on one particular series of messages he exchanged with Health Minister Robin Swann in March 2020 over the imminent closure of schools. In discussion on the prospect of the devolved nations making their own separate closure announcements, Dr McBride had suggested the Stormont Executive “steal a march” on the others, as he predicted Scotland’s then first minister Nicola Sturgeon might want to “lead the way”. “Sir Michael, this might be seen as a significant move away from the provision of medical advice to a minister, and quite firmly entering the political realm,” said Ms Dobbin. The senior barrister added: “It’s very clear, isn’t it, from the examples that we’ve seen that your role wasn’t one of independence, and you did on occasions veer not just into directing or involving yourself in the work of The Executive Office, but we’ve seen here an example of something that’s really overtly political.” The CMO said his remarks were reflective of his concern that public opinion was shifting against the official advice at that stage that schools could remain open. He said he found himself in an “impossible position” with Stormont ministers voting at a March 16 meeting on whether or not to accept his advice. The advice from the UK-wide Sage advisory group changed soon afterwards, with Stormont announcing on March 18 that schools in Northern Ireland would be closing. Explaining the text messages between himself and Mr Swann prior to the Sage advice changing, Dr McBride told the inquiry: “I wouldn’t underestimate the pressures that I was experiencing at that time to change my view, change my professional advice, and all I was doing was providing professional advice, but I was increasingly aware and anxious that my professional advice had become a dividing line within the Executive, rightly or wrongly.” On the vote at the March 16 Executive meeting, Dr McBride said he had been placed in a “nigh-on impossible position”. “What I was trying to do was to ensure that at a very early stage in this pandemic, with all that was ahead of us, that we continue to maintain the trust and confidence of the public,” he said. “That is a genuine responsibility of mine in terms of my role in public messaging. I have a material role in public messaging which I filled throughout the pandemic. “And I was really, really concerned how this was playing out in the media at the time, and creating confusion in the minds of the public, and I was genuinely concerned about the longer-term implications of that because I knew that we had many, many more difficult asks of the public in the months ahead.” Earlier, Dr McBride was asked to comment on an email he sent to an official in The Executive Office in early 2020 about a paper that was being prepared for the then first minister Arlene Foster and deputy first minister Michelle O’Neill providing an update on the emerging pandemic. The paper’s purpose was to inform the ministers about the discussions at the latest UK-wide Cobra meeting on the situation. Dr McBride, who works within the Department of Health (DoH), not The Executive Office (TEO), wrote in the email to the TEO official that “given the professional and technical nature of these papers, as CMO I will wish to clear all future Executive papers while DOH remains the lead government department”. Ms Dobbin questioned the CMO over the intervention. “That might be thought or might appear to the outside eye to be a clear example of over-reach into The Executive Office on your part,” she said. Dr McBride insisted he was only asking to give clearance on the “professional and technical” advice within the paper. However, he conceded his email was “not well worded” and could lead to the interpretation drawn by Ms Dobbin. “I don’t think it’s a question of interpretation,” replied the inquiry’s counsel. “I mean, I think it’s a question of you as CMO inserting yourself into the processes of The Executive Office, so that the officials couldn’t provide an update without, as you say, wishing to clear, and it’s not just this, (it’s) clearing all future Executive papers whilst the Department of Health remains the lead government department.” Dr McBride again insisted he had only been referring to the professional and technical advice. “I think it was entirely appropriate that I was assured of the completeness of professional and technical advice to the first minister and deputy first minister,” he said. The CMO made clear he had “no role” in clearing the entirety of Executive papers. “I think it would have been a dereliction of my responsibilities as chief medical officer were I not to assure myself of the accuracy of the information that was being provided on the professional and technical aspects of that,” Dr McBride added. “I have no role in clearing Executive papers, none, and never have had, and did not have throughout the pandemic, and that would have been understood, I understood that and officials in TEO would have understood that.” Ms Dobbin also questioned Dr McBride on an email he wrote to all Stormont departments at the start of February about Covid-19. In the letter, he said the Department of Health was “closely monitoring” the situation. He asked public bodies to make sure staff were across their contingency plans for dealing with infectious diseases but said no further action was required at that point. The inquiry’s counsel suggested the letter lacked urgency. “It might be thought that that’s hardly sounding alarm bells for either Northern Ireland government departments or to all of the public authorities that they sponsored,” she said. Dr McBride said the email was only a “scene setter” ahead of a planned meeting with departments to outline the potential risks. “This letter was not meant or intended to explain or set out the level of risk or the level of concern, it was an enabler to facilitate a meeting which had been suggested … (at) which there would be an update provided,” he said. The inquiry was also shown an email from a TEO official in early March 2020 that claimed Sir Michael had expressed “irritation and caution” on the prospect of Stormont departing from Foreign and Commonwealth Office advice on travel to Italy. The official said it might be prudent to advise the first and deputy first ministers to “soft pedal” the raising of any differences between FCO and Irish advice on travel. Mr McBride rejected a suggestion from Ms Dobbin that the exchange offered evidence of another occasion of him trying to insert himself into the functions of The Executive Office. Chief medical officer denies overreaching responsibilities
Northern Ireland’s chief medical officer has denied overreaching on his responsibilities by asking to “clear” briefing papers sent to Stormont leaders during the coronavirus pandemic. Giving evidence to the UK Covid-19 Inquiry in Belfast, Professor Sir Michael McBride was asked to comment on an email he sent to an official in The Executive Office in early 2020 about a paper that was being prepared for the then First Minister Arlene Foster and deputy First Minister Michelle O’Neill providing an update on the developing health emergency. The paper’s purpose was to inform the ministers about the discussions at the latest UK-wide Cobra meeting on the situation.
Dr McBride, who works within the Department of Health (DoH), not The Executive Office (TEO), wrote in the email to the TEO official that “given the professional and technical nature of these papers, as CMO I will wish to clear all future Executive papers while DOH remains the lead government department”. Lead counsel for the inquiry Clair Dobbin KC questioned the CMO over the intervention. “That might be thought or might appear to the outside eye to be a clear example of overreach into the Executive Office on your part,” she said. Dr McBride insisted he was only asking to give clearance on the “professional and technical” advice within the paper. However, he conceded his email was “not well worded” and could lead to the interpretation drawn by Ms Dobbin. “I don’t think it’s a question of interpretation,” replied the inquiry’s counsel. “I mean, I think it’s a question of you as CMO inserting yourself into the processes of The Executive Office, so that the officials couldn’t provide an update without, as you saying, wishing to clear, and it’s not just this, (it’s) clearing all future Executive papers whilst the Department of Health remains the lead government department.” Dr McBride again insisted he had only been referring to the professional and technical advice. “I think it was entirely appropriate that I was assured of the completeness of professional and technical advice to the First Minister and deputy First Minister,” he said. The CMO made clear he had “no role” in clearing the entirety of Executive papers. “I think it would have been a dereliction of my responsibilities as chief medical officer were I not to assure myself of the accuracy of the information that was being provided on the professional and technical aspects of that,” Dr McBride added. “I have no role in clearing Executive papers, none, and never have had, and did not have throughout the pandemic and that would have been understood, I understood that and officials in TEO would have understood that.” Ms Dobbin also questioned Dr McBride on an email he wrote to all Stormont departments at the start of February about Covid-19. In the letter, he said the Department of Health was “closely monitoring” the situation. He asked public bodies to make sure staff were across their contingency plans for dealing with infectious diseases but said no further action was required at that point. The inquiry’s counsel suggested the letter lacked urgency. “It might be thought that that’s hardly sounding alarm bells for either Northern Ireland government departments or to all of the public authorities that they sponsored,” she said. Dr McBride said the email was only a “scene setter” ahead of a planned meeting with departments to outline the potential risks. “This letter was not meant or intended to explain or set out the level of risk or the level of concern, it was an enabler to facilitate a meeting which had been suggested… (at) which there would be an update provided.” Poots approach on Peter Corry drive-in concert was ‘unusual’, says CMO
Stormont’s chief medical officer has described as “unusual” an approach to him by former minister Edwin Poots asking about the hosting of a drive-in concert during the pandemic.
The Covid-19 Inquiry was shown a text exchange between CMO Sir Michael McBride and chief scientific adviser Professor Ian Young on the proposed concert by singer Peter Corry.
In the messages from June 2020, Dr McBride told Prof Young that then agriculture minister Edwin Poots had been in touch with him to ask whether the concern could be allowed.
According to Dr McBride’s account, Mr Poots had given details on the proposed event, including that concert goers would be able to eat beside their cars, within two-metre spaces on the left hand side of the vehicles.
The CMO told Prof Young that he had asked Mr Poots to provide further information on numbers attending, toilets and cleaning facilities.
No further detail on the planned concert was outlined in the exchange shown to the inquiry on Friday.
Counsel to the inquiry Claire Dobbin KC asked Dr McBride if such direct ministerial approaches were commonplace during the pandemic.
“I mean it was an unusual approach, it wasn’t a typical approach,” he replied.
“Undoubtedly ministers would have made contact about certain aspects during the pandemic.”
Ms Dobbin referred to a comment in the exchange with Prof Young in which Dr McBride suggested that such an event might only be permitted with legislative change.
The senior lawyer questioned whether the CMO had strayed from his role giving medical advice to also offering legal advice.
Dr McBride insisted he was only seeking to clarify what the legislative position was at that point.
“I’m basically asking policy colleagues to check what the legislation is,” he said of the messages.
“It’s not for me to interpret legislation, change legislation.”
Ms Dobbin asked why he had told Mr Poots that it was not his role to handle such a query.
Dr McBride said he had strike a “balance” during the pandemic, stressing the importance of maintaining “important” relationships with Executive ministers during what was a “difficult and challenging time”.
He said he knew Mr Poots from the DUP MLA’s previous time as health minister at Stormont and suggested that is why the politician would have had his number.
“I agree that it’s unusual,” he said of the approach.
“I could have said ‘sorry, I can’t discuss this with you, get one of your officials to check the regulations’.
“But, of course, one of his officials wouldn’t necessarily be in a position to check the regulations because he wasn’t in the relevant department at the time.”
Direct rule ‘only option to intervene if NI ministers failed to agree on Covid’ Former secretary of state Sir Brandon Lewis was advised in late 2020 that the reintroduction of direct rule in Northern Ireland was the “only option” to intervene if Stormont ministers could not agree over Covid measures. The advice came during a tense period within the executive as ministers discussed whether to extend lockdown measures amid concerns over rising numbers of infections. There was a series of executive meetings across four days in early November as ministers struggled to reach agreement. Amid this, Sir Brandon was advised his powers to intervene were limited and that direct rule was the only option. Northern Ireland has not been governed by direct rule from London since 2007. A briefing document was published on the UK Covid-19 Inquiry website on Thursday evening titled Legal Situation If NI Executive Cannot Decide On Replacement Regulations, dated November 11 2020. It came during the second week of the inquiry’s three weeks of sittings in Belfast after Sir Brandon gave evidence during which he had concerns the recently re-established devolved government could collapse in autumn 2020. The document said the circuit breaker regulations were due to expire on December 13, adding it was “unclear” if the executive “view this as a hard deadline”. It advised that the UK Government’s powers to intervene on health policy that applies in Northern Ireland “are extremely limited”. “The UK devolution settlement devolves power over health to the devolved institutions in Northern Ireland. The Secretary of State does not, therefore, have the power to intervene where he considers that an Executive decision, or failure to take a decision, carried negative consequences for Northern Ireland,” it read. “All decisions to intervene, particularly where institutions continue to function would result in calls for the UK Government to intervene in other areas where there is stalemate in the institutions. “Ordinarily, therefore, the only course open to the Government wishing to intervene would be through primary legislation to introduce direct rule. “Direct rule in the past has given the Secretary of State power to do anything that a Northern Ireland minister could do, and so applies across all devolved policy areas.” The briefing note went on to say it had previously been considered whether direct rule could be introduced in a specific and limited way in the context of a possible no-deal Brexit in the absence of an executive. “A limited form of direct rule would be unprecedented and complex, and would carry risks that any limited power created might not be wide enough to achieve the necessary objectives.” Meanwhile a WhatsApp message exchange published online by the inquiry on Thursday revealed criticism of then-taoiseach Leo Varadkar’s approach at the start of the pandemic by DUP ministers and advisers. A series of messages between then-education minister Peter Weir, then-agriculture minister Edwin Poots and then-advisers Emma Little-Pengelly and Philip Weir were also among evidence to the Covid-19 Inquiry published on its website on Thursday evening. The messages dated between March 14 2020 and November 11 2020. In a message dated March 14 referring to a decision to close schools in Ireland and criticism of Sinn Fein for wanting to follow the lead of the Republic, Mr Poots said: “Leo ignored advice and done what he done to give justification for a grand coalition.” Peter Weir responded: “Majority of Executive in a sensible place on this. Fundamentally public health and the saving of lives is the only consideration which is why the CMO (chief medical officer) is the critical person to follow rather than Dan from Derry ranting down the phone to their local SF (Sinn Fein) MLA. We need to be the grown ups in the room, and measured and reassuring is the right tone and policy.” In a later message, Peter Weir described as a “spurious argument” that Northern Ireland should “automatically follow an all Ireland approach as per foot and mouth/bse”. He added it is undermined “by the reality that livestock do not generally choose to go on skiing trips to northern Italy”. Later in the document, there are exchanges around the impasse in the executive over extending restrictions in November 2020. In messages dated November 11, Mr Poots said: “Shinners want us to crash Diane’s proposal and tomorrow pressuring us into backing down.” He added: “Shouting at each other bit like a continuation of our meeting,” and later said: “We can’t back down, they are happy we do this they just want to damage us.” Peter Weir responded: “The cheek of getting lectured by someone from the republican movement about the unacceptability of excess deaths.”
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