Robin Swann taking legal advice on coronavirus laws after DUP withdrawal

Health Minister Robin Swann was seeking legal advice today on the legislation underpinning coronavirus regulations, the News Letter understands.
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The resignation of Paul Givan from the first minister’s post has created uncertainty around the legal basis for public health restrictions and Stormont’s decision-making process during the pandemic.

The 2020 Coronavirus Act, which became law in March of that year, gives the Northern Ireland Executive the authority to take drastic measures in response to the progress of the virus – including the order at various times for most of the population to stay home, or the order to shut down large swathes of the economy.

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At present, the most draconian measures have been dispensed with but the legal basis upon which Executive ministers have made their decision remains.

Health Minister Robin Swann (left) was seeking legal advice after Paul Givan (right) resigned as first ministerHealth Minister Robin Swann (left) was seeking legal advice after Paul Givan (right) resigned as first minister
Health Minister Robin Swann (left) was seeking legal advice after Paul Givan (right) resigned as first minister

The legislation, however, is designed in such a way that it will expire automatically unless it is periodically renewed or extended by specific regulations.

The House of Commons passed a motion in October to renew the laws, but in Northern Ireland the absence of a first and deputy first minister creates uncertainty around how decisions might be taken to make changes to the rules.

The Executive had been due to meet next Thursday in what had been billed a “key date” by the health minister, with remaining restrictions set to come in for review by ministers.

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It is now unclear if the meeting can even go ahead without a first and deputy first minister to chair it, and it appears unlikely any changes can be made.

Mr Swann’s party colleague, Stormont health committee member Alan Chambers, said: “If there’s no Executive to bring in new legislation in relation to the coronavirus pandemic, if there should be another major surge or another variant that came along you would want somebody to be in a position to act.

“If we don’t have people in power to do that, and the minister can’t operate in isolation even if he can be kept in office, he will be limited in terms of bringing in new regulations.

“There’s a lot riding on this in terms of public health.”

He said there is more than just coronavirus laws at stake.

Robin Swann, as well as dealing with the pandemic, inherited a health service that had been underfunded for many years, in the midst of a strike,” Mr Chambers said.

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“He has highlighted the need for reform right throughout the health service to tackle the waiting lists. To be able to do that he needs the certainty of a better budget than just a one-year budget.

“You can’t have a multi-year plan without a budget to support that. The Executive was coming up with a three-year budget which may not now see the light of day. That means that Robin is going to be curtailed in his proposals to improve mental health services, cancer services, and also to tackle waiting lists.

“He’s going to be curtailed in plans for staff recruitment and retention if he doesn’t have the certainty of a three-year budget.”