Official Report: Minutes of Evidence

The Chairperson (Mr Gildernew): I welcome Mr Nigel McMahon, who is the Chief Environmental Health Officer (CEHO) in the Department of Health. Tá fáilte romhaibh an tráthnóna seo. Nigel, you are very welcome this afternoon. Please go ahead with your briefing.

Mr Nigel McMahon (Department of Health): Thank you very much, Chair and members, for your invitation. The Committee is considering two statutory rules (SR): SR 2021/109, which is the second amendment to the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021; and SR2021/117, which is the third amendment to the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021. If the Chair is content, I will begin by briefly outlining the context and content of each of the SRs. I will then be happy to take any questions from members.

The Chairperson (Mr Gildernew): Yes.

Mr McMahon: Thanks, Chair. The context for the regulations that we are discussing was the first review of the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021. That was considered by the Executive on 15 April. At that time, the rolling average of new positive cases had declined as a consequence of the restrictions that had been in place since 26 December 2020. The daily number of cases had settled at around 100 per day, and the R number for cases was around 1. The daily number of new COVID-19 hospital admissions had fallen to a relatively low level, and COVID-19 bed occupancy was also falling, though many patients who were admitted around that time were likely to remain in hospital for some time. It was not possible to provide a reliable estimate of the R number for hospital admissions due to the low numbers.

The overall ICU position remained a concern. The standard funded provision is for 72 ICU beds. Any ICU beds open above this level require the deployment of staff from elsewhere. As of 12 April, the total number of critically ill patients stood at 69. Of these, seven were COVID positive, a reduction compared to the peak of 74 on 24 and 25 January. The positive impact of the vaccination programme continued to be observed, with a reduction in the proportion of cases aged over 60 and a reduction in the proportion of hospital admissions aged over 80.

At their meeting on 15 April, the Executive concluded that, overall, the restrictions and requirements remained a necessary and proportionate response to the epidemic. However, it was also agreed that a number of careful easements could be made under a gradual and measured process. The advice of the Chief Medical Officer (CMO) and deputy Chief Scientific Adviser (CSA) at the time was that the risk of the spread of infection is much lower outdoors than indoors, and this was reflected in the relaxations that were agreed.

I remind members that the Executive Office (TEO) is now responsible for a revised process that supports a pathway for recovery. This responsibility includes receiving and managing all proposals for change from Executive Departments, managing the decision-making process and facilitating consultation with the Departments on the drafting of the necessary amendments to the regulations. This work is supported by a cross-departmental working group that meets weekly. It is chaired by the director of the TEO COVID-19 task force team and has membership from all nine Departments and key stakeholders, including local government and the PSNI.

Moving on to SR 2021/109, the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 2) Regulations (Northern Ireland) 2021. This is the second amendment to The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021. The regulations were made at 10.00 pm on 22 April, with regulations 1 to 34 commencing on 23 April, followed by regulations 35 to 53 commencing on 30 April. At their meeting on 15 April, the Executive ratified proposals to ease restrictions on 23 April and 30 April and to give indicative dates for further restriction easing in May. This SR makes amendments to allow restrictions to be eased on 23 April and 30 April only.

This SR provides that the following may resume on 23 April: driving tuition, including driver testing; close contact services on an appointment-only basis; the opening of outdoor visitor attractions; outdoor sport organised by a club, individual or individuals affiliated to a sports body or organisation, extended to allow squad training to take place; competitive outdoor sport organised by a club, individual or individuals affiliated to a sports body or organisation with participant numbers not exceeding 100 and no spectators permitted; equine-assisted therapy and learning, provided that it does not exceed 30 persons in total; and practice or rehearsal by a band outdoors, provided that the band does not engage in a procession, the gathering consists only of the band and no person in the gathering engages in singing.

The SR provides that, on 23 April, the number of people allowed to meet outdoors in a private dwelling is increased to 15 from up to three households, the curfew on off-sales and takeaway is removed and the following may reopen: all retail businesses; self-contained tourist accommodation, including holiday homes, static caravans, touring caravans and motor homes; outdoor hospitality, both licensed and unlicensed, limited to six persons from no more than two households per table and not including children aged 12 and under and with an allowance for larger single households with contact details recorded; indoor swimming, diving pools or indoor exercise facilities for the purpose individual activity, activity by an individual with a carer or carers or training or coaching by an individual with a trainer or coach, provided that the person responsible takes reasonable steps to ensure that each participant maintains a distance of two metres from any other person on the premises. There were also a few other consequential technical amendments.

I will move on to SR 2021/117 — thanks to the Committee for adding that today — the Health Protection (Coronavirus, Restrictions) Regulations (Amendment No. 3) Regulations (Northern Ireland) 2021. This SR is the third amendment to The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021. The regulations were made at 6.00 pm on 30 April and came into operation at the time they were made. The statutory rule allows a provider in receipt of grant funding from the Education Authority to deliver youth activities for persons aged 4 to 25 years in an informal setting and allows members of a household bubble or party to be seated at the same table outdoors in hospitality premises. These corrections to the main regulations should ensure that youth activity programmes, including Together: Building a United Community camps, planned for this summer can be delivered and clarifies that persons from the same household or bubble, or the same party, can be seated at the same table in outdoor hospitality without the need to be two metres socially distanced from each other.

I hope this provides a summary of the context in which the two sets of amendments were made and an outline of the content. To note, the second review of the 2021 regulations is required to take place on or before 13 May. The scope of the regulations reaches across the policy responsibilities of a number of Departments; if I am unable to answer a question today, I am quite happy to take it away, talk to colleagues and come back to the Committee after the meeting. Thanks for listening, and I am happy to take any questions.

The Chairperson (Mr Gildernew): Thank you, Nigel. One question that I have is in relation to where you finished up there about the Executive Office and other Departments. Despite the involvement of other Departments, does it remain the case that these regulations remain the responsibility of the Department of Health and that the proposals are not proceeded with unless there is approval from the Chief Medical Officer, the deputy Chief Scientific Adviser and international best practice?

Mr McMahon: That remains the case, Chair. The power to make the regulations came by way of an amendment to the Public Health Act (Northern Ireland) 1967 that was made by the Coronavirus Act 2020, so the Department of Health is the only Department that retains the power to make regulations in response to the coronavirus epidemic. The process has changed in that TEO now manages the taking in of proposals from other Departments for change. Part of that process includes input and advice from the CMO and the CSA. That, along with other evidence, is considered by the Executive in deciding whether to accept those proposals for change or, indeed, modify them in some way.

Mrs Cameron: Thanks, Nigel, for your brief. I have a couple of questions. What level of engagement with businesses and sectoral reps — for instance, hospitality — took place during and after the drafting of these regulations? I really would like to know how we can avoid a repeat of the problems that were witnessed with respect to outdoor hospitality last week. That is my first question, and I will have another one for you.

Mr McMahon: I am not particularly sighted on the extent of the engagement, Pam, and that is because that is largely taken forward by the relevant Departments that are making the proposal. The proposals for changes in hospitality will have come from the Department for the Economy, which, I understand, has wide-ranging engagement with its sectoral reps. I believe that the Executive Office also had a number of meetings with representatives of the hospitality sector, so I am well aware that there was quite significant engagement around what was proposed. It just was not directly within the Department of Health.

Mrs Cameron: Thanks for that. Maybe you will need to go away and check this for us: are there any plans to pilot non-socially-distanced events in Northern Ireland? If we are not planning to pilot any such events, are we cooperating with the UK Government to harness their findings?

Mr McMahon: Whilst the Department of Health at this time is not engaged, I think that there are lines of communication across the four UK countries about what is proposed on pilots. Clearly, there could potentially be a lot to learn from what is going on elsewhere and a need to avoid reinventing the wheel. If pilots for certain types of events are going on elsewhere, we might focus on something else. I do know that it is part of an active discussion in TEO at the moment, with a view to bringing something forward to the Executive on that. It is actively being looked at. My expectation is that any proposal for a pilot would again come back to the Department of Health for the consideration of the CMO and the CSA, not only on the safety of any such pilot but to make sure that they are set up and organised in such a way that we can get good learning from them.

The Chairperson (Mr Gildernew): Before I bring in Gerry Carroll, I want to flag up to members and the panel that we may at some point shortly come out of broadcasting. At that point, we will see other members of the audience being brought up into the spotlight, but we can continue interrupted in that sense.

Mr Carroll: Thanks, Nigel. Just a quick question. In the last session, I was told to ask it in this session. If you were watching, you may have gathered what it is. We know that there is guidance in the North — the Six Counties — for people not to travel across the border for leisure purposes. What is the current state of play? Can people travel across the North for leisure and exercise purposes? Is there any guidance to that? Can you give us a quick update on that? There is obviously a lot of confusion. There is talk about clarity on the "stay local" message, but that has not been clarified, as far as I know. People are asking me that question, so I would appreciate it if you could provide some clarity on what people can do and whether they can travel for leisure within the North or not.

Mr McMahon: Thanks, Gerry. Unfortunately, I will probably not be able to provide total clarity, but it might be helpful to quickly run through the sequence of events and how we got to where we are. A written ministerial statement from the First Minister and the deputy First Minister on 1 April announced the decisions that would come into play on 12 April. Part of that was the ratification of the decision to remove the "stay at home" provisions in the legislation and move to a "stay local" and a "work from home" message. From our perspective, the removal of the restrictions on movement from 12 April meant that there were no longer any legal restrictions at all on travel within Northern Ireland for any purpose. Obviously, issues in and around the common travel area and elsewhere are a matter for the travel regulations; I understand that that is not limited either. Basically, however, as far as the restriction regulations are concerned, there is nothing in them that prevents travel anywhere for any purpose. There are different parts of guidance, including our own Department of Health guidance, that no longer refer to any distance at this point. We are moving to a place now where the advice is more around encouraging people to think about safer choices — the things that would put them and others at more risk. That is probably where further guidance will go in future.

On the specifics of the "stay local" message, the Executive have been asked to agree a definition of "stay local" in the current and evolving context around travel — clearly, as you will have heard, that is quite a fast-moving piece at the moment — and that the "stay local" advice should be reflected in the TEO and Executive information service communication strategy going forward. I checked the line with TEO, which said that the "stay local" messaging is currently under review in light of the current circumstances and that it hoped to provide further clarity soon. I probably cannot say much more than that at this time.