PP 2020/0118 STANDING COMMITTEE OF TYNWALD ON PUBLIC ACCOUNTS EMERGENCY SCRUTINY FOURTH REPORT FOR THE SESSION 2019-20 DECISION MAKING, RISK, AND EXITING THE EMERGENCY STANDING COMMITTEE OF TYNWALD ON PUBLIC ACCOUNTS EMERGENCY SCRUTINY FOURTH REPORT FOR THE SESSION 2019-20 DECISION MAKING, RISK, AND EXITING THE EMERGENCY 3.1 There shall be a Standing Committee of the Court on Public Accounts. 3.2 Subject to paragraph 3.6, the Committee shall have – (a) a Chairman elected by Tynwald, (b) a Vice-Chairman elected by Tynwald, (c) four other Members, who shall be Chairman of each of the Policy Review Committees (ex officio) and the Chairman of the Committee on Constitutional and Legal Affairs and Justice; and a quorum of three. 3.3 Members of Tynwald shall not be eligible for membership of the Committee, if, for the time being, they hold any of the following offices: President of Tynwald, member of the Council of Ministers, member of the Treasury Department referred to in section 1(2)(b) of the Government Departments Act 1987. 3.4 The Committee shall – (a) (i) consider any papers on public expenditure and estimates presented to Tynwald as may seem fit to the Committee; (ii) examine the form of any papers on public expenditure and estimates presented to Tynwald as may seem fit to the Committee; (iii) consider any financial matter relating to a Government Department or statutory body as may seem fit to the Committee; (iv) consider such matters as the Committee may think fit in order to scrutinise the efficiency and effectiveness of the implementation of Government policy; and (v) lay an Annual Report before Tynwald at each October sitting and any other reports as the Committee may think fit. (b) be authorised to require the attendance of Ministers for the purpose of assisting the Committee in the consideration of its terms of reference. (c) be empowered to issue directions under Standing Order 5.6(3), provided that any direction so issued shall be reported to Tynwald within a year. (d) be the Accounts Committee referred to in section 3 of the Tynwald Auditor General Act 2011, with the relevant powers and responsibilities in relation to the Tynwald Auditor General; and (e) be the Tynwald Public Accounts Committee referred to in section 3 of the Tynwald Commissioner for Administration Act 2011, with the relevant powers and responsibilities in relation to the Tynwald Commissioner for Administration. 3.5 The Chairman, Vice-Chairman and any member of the Committee shall not sit when the accounts of any body of which that person is a member are being considered. 3.6 Should the need arise in relation to a particular matter, such as a conflict of interest, Tynwald may elect an alternate member for the purpose and duration of the Committee’s consideration of that matter. Subject to paragraph 3.5, a conflicted member so replaced shall continue to serve as a member of the Committee for all other purposes. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership The Hon J P Watterson SHK (Rushen) (Chairman) Mr L L Hooper MHK (Ramsey) (Vice-Chairman) Mr R E Callister MHK (Onchan) Ms J M Edge MHK (Onchan) Mrs J Poole-Wilson MLC Mr C R Robertshaw MHK (Douglas East) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas, IM1 3PW (Tel: 01624 685520) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. Table of Contents I. EXECUTIVE SUMMARY................................................................................... 1 Where we are now...............................................................................................................................3 II. COMMITTEE MEMBERSHIP............................................................................ 3 III. EMERGENCY SCRUTINY.................................................................................. 4 IV. DECISION MAKING, RISK, AND EXITING THE EMERGENCY............................... 4 SCOPE AND APPROACH 4 DECISION MAKING 5 PROFESSIONAL ADVICE ON RISK 8 RELAXATION OF LOCKDOWN 9 EMERGENCY POWERS 14 THE WAY FORWARD 17 Social distancing ................................................................................................................................17 Masks.................................................................................................................................................17 Immunity and testing.........................................................................................................................18 Borders...............................................................................................................................................19 COMMUNICATION 21 ANNEX 1: PAC EMERGENCY SCRUTINY – BRIEFING PAPER....................................23 ANNEX 2 CASES COMPARISON - UNITED KINGDOM AND THE REPUBLIC OF IRELAND 33 APPENDIX 1 LETTER FROM HM ATTORNEY GENERAL 27 MAY 2020 35 APPENDIX 2 EMAIL FROM DR HENRIETTA EWART DIRECTOR OF PUBLIC HEALTH 14 MAY 2020 43 APPENDIX 3 EMAIL FROM PETER BOXER EXECUTIVE DIRECTOR CROWN AND EXTERNAL RELATIONS DIRECTORATE 29 MAY 2020 47 APPENDIX 4 ISLE OF MAN INTERIM STRATEGIC PANDEMIC INFLUENZA PLAN 2020 51 APPENDIX 5 ISLE OF MAN GOVERNMENT PANDEMIC FLU A STRATEGIC PLAN FOR PREPARING AND RECOVERING FROM AN INFLUENZA PANDEMIC IN THE ISLE OF MAN 2009 73 APPENDIX 6 LETTER FROM HON CHRIS THOMAS MHK 20 MAY 2020 125 To: The Hon Stephen C Rodan OBE MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled STANDING COMMITTEE OF TYNWALD ON PUBLIC ACCOUNTS EMERGENCY SCRUTINY FOURTH REPORT FOR THE SESSION 2019-20 DECISION MAKING, RISK, AND EXITING THE EMERGENCY I. EXECUTIVE SUMMARY 1. As one of the early jurisdictions to successfully ‘flatten the curve’, we also became one of the first to start grappling with the complexities of emerging from lockdown towards a ‘new normal’1. 2. Our thoughts now turn to how close to normality we can get, without undermining that success. Whilst our closest neighbour has the third highest mortality rate per million populous2, there is rightly little appetite to open our 1 WHO Situation Report 132 - 31/5/20 https://www.who.int/docs/default- source/coronaviruse/situation-reports/20200531-covid-19-sitrep-132.pdf?sfvrsn=d9c2eaef_2 accessed 31 May 2020 - Only four jurisdictions have had over 300 cases and 9 days or more since the last confirmed case: New Zealand, Tanzania, Montenegro, and the Isle of Man. 2 569 deaths per million population puts the UK third behind Belgium (822) and Spain (580) and ahead of Italy (548). https://www.statista.com/statistics/1104709/coronavirus-deaths-worldwide-per- million-inhabitants/ accessed 31 May 2020 1 borders3. However, domestically, with the reduced health risks there is pressure to allow businesses to open and for greater personal freedoms. 3. We have seized on Government’s repeated assertion that they are open to suggestions, and offer a number in this document. 4. The Committee believe that the first key is to transition out of Emergency Powers. As the Chief Minister said, ’Now that we are taking another step out of people’s lives, we will need to entrust even more decision making to the public. I have faith that they will respond and rise to this challenge.’4 There can be no clearer demonstration of that trust on Government’s part than reducing legislation and regulation as far as possible, and replacing it with advice and best practice. This will also reduce inconsistency in legislation, and ensure achievable and consistent enforcement. We set out our thoughts about how this can be achieved in more detail starting at paragraph 45. 5. Amongst the more immediate actions to be considered will be modifications to the Public Health Act 1990, to include provisions for custody and fixed penalties if still considered justified in light of recent experience, as well as power to amend the secondary legislation made under that Act. We also welcome Government’s commitment to review the Emergency Powers Act before the end of this administration.5 6. Government committed to an 8-14 day cycle of reviews before making policy announcements. This appears to have been subverted as economic pressure has triumphed over declining case numbers. It did so based on a decision framework, but has not routinely published the assessment of that framework. We welcome the fact that this will be done going forward.6 We remain concerned that there remains no objective test as to Manx, UK or Irish conditions for reopening the borders (or different ‘corridors’ for off-island travel) and under what circumstances. We believe this is essential to allow people to plan going forward and understand what Government’s level of acceptable risk is in phasing the reopening of the border. 3 Although in light of our previous report, we welcome the increased emphasis and capacity on getting Manx residents home in a more dignified manner. 4 Hansard, Tynwald 19/5/20 lines 956-958 5 Tynwald Hansard 21 Apr 2020 ll654-656 6 Appendix 3 2 7. Our reflections as public representatives are that confidence is markedly different across different sections of our community. The more vulnerable are most sensitive to a hasty ‘return