Recommendation COVID-M2.9: NI Emergency Powers Review

We remain steadfastly committed to supporting devolution in Northern Ireland and to learning the lessons from the Inquiry, both to protect citizens and to help prepare us for the future.

The Module 2 report has clearly shown that improvements are required of all governments, including the Northern Ireland Executive, in how they respond to future crises. While we acknowledge that power-sharing has its challenges, we are clear that all governments must work in the best interests of everyone across the UK.

The UK Government notes the findings of the Inquiry that the Northern Ireland Executive’s decision-making in response to the Covid-19 emergency was not as effective as it should have been. It is vital that ahead of any future crisis, appropriate arrangements are in place.

We understand the Northern Ireland Executive is considering how to respond to any future emergency. Given the Inquiry’s findings, we believe that the Northern Ireland Executive and the Northern Ireland parties themselves should consider how any necessary changes should be made.

The Assembly and Executive Review Committee is currently considering whether the institutions require any wider reform. Our hope is that all parties will engage with it in good faith and closely consider its recommendations.

The UK Government will always stand ready to discuss any proposals for changes to the Strand One institutions which could attract the widest possible support and to help with their implementation on matters which may be reserved or excepted under the Northern Ireland Act 1998.

We maintain close and ongoing relations with the Irish Government as co-guarantors of the Good Friday Agreement and will liaise with them on any matter that may require their consultation.

Remains under consideration

This recommendation consists of three elements, the first being the ability to the empower the First Minister and deputy First Minister jointly to direct the work of other ministers and departments during an emergency. The third element relates to ensuring that decision-making normally subject to ministerial approval during an emergency when power-sharing arrangements are suspended are provided for.

These recommendations are complex and need to be considered in the context of existing civil contingencies arrangements and the regime applied at the time to any emergency. They should, therefore, be addressed alongside Recommendations 10 and 12, which deal with future civil contingency decision-making structures.

The Assembly and Executive Review Committee (AERC) is a Northern Ireland Assembly committee tasked with reviewing the functioning and institutional arrangements of the Assembly and Executive to inform reform and improve governance. There may, therefore, be a role for this committee in considering first and third elements of this recommendation. TEO officials have engaged informally with the AERC and will continue to engage with the Committee to progress this recommendation as appropriate.

The second element of this recommendation relates to empowering the Head of the Northern Ireland Civil Service in relation to the allocation of civil servants to departments or to civil contingency structures during an emergency. The Northern Ireland Civil Service Human Resources (NICSHR) in the Department of Finance (DoF) are currently working on enhancing the Corporate Operational Personnel Redeployment Unit (COPRU) within the NI civil contingencies framework to enable the Head of the Northern Ireland Civil Service, in conjunction with Permanent Secretary colleagues, to redeploy civil servants to departments or to civil contingency structures during an emergency. This will include targeted improvements to the emergency planning arrangements for the redeployment of staff during major civil emergencies.

Recommendations include:

• Proposing clear governance enhancements and escalation protocols, ensuring staff redeployment is explicit and operationally supported.

• Recommending the definition of formal protocols and decision-making responsibilities for reallocating staff, enabling decisive action during emergencies.

• Citing supporting frameworks and agreements (including the MOU on temporary redeployment) that provide the legal and procedural basis for such allocations.

• Emphasising continuous improvement, stakeholder engagement, and transparent communication to support effective and responsive redeployment.

These measures aim to collectively ensure that the NICS is empowered to allocate civil servants to departments or contingency structures efficiently and with appropriate authority during major emergencies.