National Strategy Group

Summary

A request was made for details on the National Strategy Group's membership, qualifications, minutes, and the scientific advice underpinning the Isle of Man's State of Emergency and key worker definitions. The authority responded with some information, including Hansard records, but withheld parts of the request citing exemptions.

Key Facts

• The request was received on 2020-05-07 and the outcome was determined on 2020-06-08.
• The response included 278 pages across 4 documents.
• The requester sought clarification on the medical and scientific expertise of NSG members regarding virus science.
• The authority requested clarification on the broad scope of the minutes request before providing a response.
• The disclosed documents include the Official Report (Hansard) from the Tynwald Court sitting on 31st March 2020.

Data Disclosed

• 2020-05-07
• 2020-06-08
• 278
• 4
• 31st March 2020
• Volume 137, No. 15
• 500

Exemptions Cited

• Part exempt

Original Request

1. Identities of all members of National Strategy Group and details of its legal constitution and collective responsibility 2. Level of medical and scientific qualification of each member (Medical Dr, professor of Science etc if none state so) 3. Minutes of the meetings of the National Strategy Group for months of March, April and to date. 4. Identity and number of members of the National Strategy Group who are not ordinarily resident in the Isle of Man 5. Copies of the medical and scientific advice on which the implementation of the Emergency Powers Act was made and on which the State of Emergency was declared by His Excellency the Lieutenant Governor and on which it now continues 6. Details of the medical and scientific advice given to the National Strategy Group and Cabinet Office and or advice from Public Health Isle of Man that resulted in the term "key workers" to the Island being made inclusive of workers engaged on Government construction projects such as the Manx Electric Railway and the Promenade Refurbishment Scheme 7. Confirmation of the breakdown of numbers of returning workers given permission to return under the heading of "key worker" within the current emergency provisions - rumoured in the public domain to be some 500 or thereabouts 8. What conflicts of interest were declared by the author on the Commissioning of the report on the Isle of Man Health Service The above information is required to support a factual petition to Tynwald in July and for clarity as to whether the Emergency Powers Act is now being properly used and whether the circumstances truly exist for a continued state of emergency to be declared. It follows that a prompt supply of the requested information would be helpful. On the 15 May 2020, we asked you to clarify your request with regards to the information being sought from the National Strategy Group minutes as follows: The scope of your request is very broad and given the amount of information this will relate to I would ask if you can please clarify what specific information you are requesting. In particular I would be grateful if you could please confirm: * which specific subjects * exact topics * specific documents and date parameters of those documents You responded: Item 3 is to establish the full range of business covered by the NSG over the three months in question. I particularly wish to see what decisions they have made and who was involved and on what level of expert advice. The NSG has been referred to at various press conferences in the Covid 19 emergency so I know they have made decisions involving the use of emergency powers. I am also wishing to see what other decisions they have reached over the same period on other matters. On 16 May we asked for further clarification as your request for information from the National Strategy Group minutes remained too broad. You responded: To make matters easier for you, the minutes of greatest importance are those related to the declaration of a state of emergency and the measures that have been taken since. I have been trying to establish the level of expertise in the science of viruses and particularly who produced what evidence in support of it. My concern being to see if any individuals have made decisions affecting the lives of people on the Island which were outside their area of expertise. I note that the NSG can co opt experts and others so this is the main focus for this request. I am aware of both Drs Ewart and Ranson but it is the Professor level of expertise that was engaged specifically in medicine and the science of viruses and the advice given that I am wishing to identify in the Covid 19 declared state of emergency.

Data Tables (26)

Full Response Text

Published by the Office of the Clerk of Tynwald, Legislative Buildings,
Finch Road, Douglas, Isle of Man, IM1 3PW. © High Court of Tynwald, 2020

T Y N W A L D C O U R T O F F I C I A L R E P O R T

R E C O R T Y S O I K O I L Q U A I Y L T I N V A A L

P R O C E E D I N G S

D A A L T Y N

HANSARD

Douglas, Tuesday, 31st March 2020

All published Official Reports can be found on the Tynwald website:

www.tynwald.org.im/business/hansard

Supplementary material provided subsequent to a sitting is also published to the website as a Hansard Appendix. Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald’s Office.

Volume 137, No. 15

ISSN 1742-2256

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1516 T137

Present:

The President of Tynwald (Hon. S C Rodan OBE)

In the Council: The Lord Bishop of Sodor and Man (The Rt Rev. P A Eagles), The Attorney General (Mr J L M Quinn QC), Miss T M August-Hanson, Mr P Greenhill, Mr R W Henderson, Mrs K A Lord-Brennan, Mrs M M Maska, Mr R J Mercer and Mrs J P Poole-Wilson with Mrs J Corkish, Third Clerk of Tynwald.

In the Keys: The Speaker (Hon. J P Watterson) (Rushen); The Chief Minister (Hon. R H Quayle) (Middle); Mr J R Moorhouse and Hon. G D Cregeen (Arbory, Castletown and Malew); Mr T S Baker (Ayre and Michael); Hon. C C Thomas and Mrs C A Corlett (Douglas Central); Mr C R Robertshaw (Douglas East); Hon. D J Ashford and Mr G R Peake (Douglas North); Hon. R K Harmer and Hon. G G Boot (Glenfaba and Peel); Mr W C Shimmins (Middle); Mr R E Callister (Onchan); Hon. A J Allinson and Mr L L Hooper (Ramsey); Hon. L D Skelly (Rushen); with Mr J D C King, Deputy Clerk of Tynwald.

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1517 T137

Business transacted Leave of absence granted ........................................................................................................... 1519 Procedural .................................................................................................................................. 1519 1. Standing Orders suspended to take the business on the Order Paper .................................. 1520 2. Papers laid before the Court .................................................................................................. 1520 3. Question of Urgent Public Importance .......................................................................... 1521 National Strategy Group, Gold Team and Silver Team – Membership strategy if they
should contract COVID-19 ................................................................................................... 1521 Order of the Day .............................................................................................................. 1522 4. Ministerial statements, if any – None made ................................................................... 1522 5. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Entry Restrictions) Regulations 2020 approved ................................................................................................ 1522 6. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Closure of
Businesses and Other Premises) Regulations 2020 approved ............................................ 1535 7-8. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Prohibitions on Movement) Regulations 2020 approved; Emergency Powers (Prohibitions on
Movement) (Amendment) Regulations 2020 approved ..................................................... 1537 9. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Speed Limits) Regulations 2020 approved ................................................................................................ 1539 10. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Child Care
Services) Regulations 2020 approved ................................................................................. 1540 11. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Special
Constables) Regulations 2020 approved ............................................................................. 1542 12. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Educational Institutions) Regulations 2020 approved ............................................................................ 1543 13. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Events and Gatherings) Regulations 2020 approved ............................................................................. 1544 The Council withdrew at 3.57 p.m. ............................................................................................. 1545 House of Keys .................................................................................................................. 1545 Please see separate Hansard report of the House of Keys sitting: ............................................. 1545

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1518 T137

PAGE LEFT DELIBERATELY BLANK

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1519 T137 Tynwald

The Court met at 10.30 a.m.

[MR PRESIDENT in the Chair]

The Third Clerk: Hon. Members, please be upstanding for the President of Tynwald.

The President: Fastyr mie, Hon. Members.

Members: Fastyr mie, Eaghtyrane. 5

The President: The Lord Bishop will lead us in prayer.

PRAYERS The Lord Bishop

Leave of absence granted

The President: Please be seated. Hon. Members, I have given leave of absence to the following Members: Mrs Barber, Mrs Caine, Mr Cannan, Miss Costain, Ms Edge, Mr Perkins and Mrs Sharpe. 10

Procedural

The President: Hon. Members, as you all appreciate, it is essential that Tynwald and its Branches continue to sit to pass emergency legislation proposed by the Government for the time being. This extraordinary sitting of Tynwald once again is being held under strict social distancing conditions, which I know you will respect. This is not an ideal situation but it is with the safety of 15 Members and staff in mind. However, as both Mr Speaker and I have previously indicated, work is taking place to provide the technical ability to hold sittings remotely. We are working with our staff, to whom we are extremely grateful, and are very hopeful to have a new system up and running for Friday’s sitting of the Court and of the Branches following that sitting. 20 You will all be asked to take part in a trial run, most likely on Thursday. If this is successful, it will apply both to Friday and to all sittings during the period of restriction that we are all facing, thereby ensuring further the safety of Members, staff and indeed families and the communities we are all part of.

25 The Speaker and another Member: Hear, hear.

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1520 T137 1. Standing Orders suspended to take the business on the Order Paper

The Chief Minister to move:

That Standing Orders be suspended to the extent necessary to allow the business on the Order Paper to be taken.

The President: Item 1 on our Order Paper, suspension of Standing Orders. I call on the Chief Minister to move.

The Chief Minister (Mr Quayle): Thank you, Mr President. 30 I beg to move that Standing Orders be suspended to the extent necessary to allow the business on the Order Paper to be taken.

Mr Henderson: I beg to second.

35 The President: Is that agreed, Hon. Members? (Members: Agreed.) Those to the contrary say no?

1. Papers laid before the Court

The President: I call on the Deputy Clerk to lay papers.

The Deputy Clerk: Gura mie eu, Eaghtyrane. Ta mee cur roish y Whaiyl ny pabyryn enmyssit 40 ayns ayrn jees jeh’n Chlaare Obbyr.
Thank you, Mr President. I lay before the Court the papers listed at Item 2 on the Order Paper.

Emergency Powers Act 1936
Emergency Powers (Coronavirus) (Entry Restrictions) Regulations 2020 [SD No 2020/0199] Emergency Powers (Coronavirus) (Closure of Businesses and Other Premises) Regulations 2020 [SD No 2020/0200]
Emergency Powers (Coronavirus) (Prohibitions on Movement) Regulations 2020 [SD No 2020/0201] Emergency Powers (Prohibitions on Movement) (Amendment) Regulations 2020 [SD No 2020/0213]
Emergency Powers (Coronavirus) (Speed Limits) Regulations 2020 [SD No 2020/0204] Emergency Powers (Coronavirus) (Child Care Services) Regulations 2020 [SD No 2020/0198] Emergency Powers (Coronavirus) (Special Constables) Regulations 2020 [SD No 2020/0202] Emergency Powers (Coronavirus) (Educational Institutions) Regulations 2020 [SD No 2020/0197] Tynwald approves the continuance of The Emergency Powers (Coronavirus) (Events and Gatherings) Regulations 2020 [SD No 2020/0185]

The remaining items are not the subject of motions on the Order Paper

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1521 T137 Documents subject to no procedure

Emergency Power Act 1936 Emergency Powers (Coronavirus) (Road Transport) Regulations 2020 [SD No 2020/0187]

The President: Item 3, I have given permission for an urgent Written Question by Ms Edge to 45 the Chief Minister, and that Answer will be circulated.

1. Question of Urgent Public Importance

CHIEF MINISTER

National Strategy Group, Gold Team and Silver Team – Membership strategy if they should contract COVID-19

The Hon. Member for Onchan (Ms Edge) to ask the Chief Minister:

If he will publish the membership of (a) the National Strategy Group, (b) the Gold Team and (c) the Silver Team; and what strategy is in place should any of these members contract COVID-19?

The Chief Minister (Mr Quayle): I am happy to provide both the National Strategy Group – Coronavirus, and the Gold Command Structures. All of these roles have assigned deputies, and remote working practices are being employed wherever possible. With regard to Silver Command, due to the tactical nature of this group, there are a number 50 of working groups which focus on specific areas of responsibility and so resilience is not as great an issue for this group. Government has reviewed capacity within the workforce and is actively deploying workers as required, where they perform non-priority functions, to support the coronavirus response.

National Strategy Group Department Attendee Chair of the NSG – Coronavirus Chief Minister Treasury Treasury Minister Department for Enterprise Minister for Enterprise Department for Health and Social Care Minister Health and Social Care Attorney General’s Chambers Attorney General Cabinet Office Chief Secretary Treasury Chief Executive Department for Enterprise Chief Executive Department for Home Affairs Chief Executive Department for Health and Social Care Chief Executive Cabinet Office Executive Director – Crown and External Relations Cabinet Office Head of Silver Command Cabinet Office – Secretariat Council of Ministers

TYNWALD COURT, TUESDAY, 31st MARCH 2020

1522 T137 Gold Command Department Role Cabinet Office Chief Secretary (Chair) Department for the Environment, Food and Agriculture Chief Executive Department of Education, Sport and Culture Chief Executive Department for Enterprise Chief Executive Treasury Chief Financial Officer Department of Home Affairs Chief Executive (deputy Chair) Department of Health and Social Care Chief Executive Isle of Man Constabulary Chief Constable Public Health Chief Executive Infrastructure Chief Executive Emergency Planning Office Emergency Planning Officer Attorney General’s Office Attorney General Cabinet Office Head of Silver Command Operations Communications Executive Director – Crown and External Relations Cabinet Office Director of Change and Reform Cabinet Office, Office of Human Resources Executive Director Cabinet Office, Government Technology Services Executive Director Cabinet Office Executive Assistant to the Chief Secretary Cabinet Office Member of the Council of Ministers Secretariat

Order of the Day

1. Ministerial statements, if any – None made

The President: Item 4 is an opportunity to make a Statement by any Minister. I have not had 55 an indication.

1. Emergency Powers Act 1936 – Emergency Powers (Coronavirus) (Entry Restrictions) Regulations 2020 approved

The Chief Minister to move:

That Tynwald approves the continuance of the Emergency Powers (Coronavirus) (Entry Restrictions) Regulations 2020 [SD No 2020/0199].

The President: In which case we move to Item 5, the following Items, 5 to 13, are all Regulations to be moved by the Chief Minister under the Emergency Powers Act 1936. Item 5, Chief Minister to move.

60 The Chief Minister (Mr Quayle): Thank you very much, Mr President. These Regulations prohibit entry into the Island of all persons, including Island residents, except for certain exemptions. This is an unprecedented measure for unprecedented times, and we were acting on the advice of our medical experts when we introduced it.
65 Although we had been asking people who wanted to return to the Island to do so before these Regulations came into operation, I fully recognise that for some people, through no fault TYNWALD COURT, TUESDAY, 31st MARCH 2020

1523 T137 of their own, this may not have been possible. And I appreciate the difficult position that some of these people may be in. We have been looking at ways in which we may be able to support these people, and we will continue to do so in the coming days. 70 Three categories of people may be allowed to enter the Island during the coronavirus period: firstly, a person who is certified by the Department of Infrastructure as being vital to the Island’s critical national infrastructure; secondly, a person who is certified by the Department of Health and Social Care as a medical professional whose expertise is essential to the Island or as returning to the Island after having undergone essential medical treatment; and finally, a person 75 to whom an exemption notice made by the Council of Ministers applies. Such an exemption notice may only be made in certain specified circumstances and it must set o

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