I propose to take Questions Nos. 56 and 64 to 67, inclusive, together.
Terms of Reference for the Evaluation of the Response to the COVID-19 Pandemic
The Terms of Reference for the Evaluation of the Response to the COVID-19 Pandemic are available on: www.gov.ie/en/press-release/924d6-government-appoints-chair-and-agrees-terms-of-reference-for-evaluation-of-the-response-to-the-covid-19-pandemic
Work on the development of the Terms of Reference has been very detailed. It included consideration of the WHO advice in respect of such reviews; the approach of several countries in setting the scope and outputs being sought; and experience of those processes.
A briefing session with opposition parties was held on 25 January at which high level terms of reference were shared (including the non-statutory approach). Feedback on the day was broadly positive and most of the issues raised are included in the terms of reference, e.g. decision-making framework including role of NPHET, use of evidence, nursing homes, impacts on children, vulnerable and disadvantaged communities, mental health, economic performance, sectoral trade-offs, role of media, vaccination programme, identifying where mistakes were made, hearing lived experiences. A minority were of the view that the evaluation should be statutory, or the nursing home element should be statutory.
A briefing session with stakeholders was held on 19 February at which the high-level terms of reference were discussed. Participants were broadly positive. Once again, most of the issues raised are covered within the terms of reference, e.g. impacts across society (including on children and young people; education (all age ranges); vulnerable groups; mental health; isolation; congregation; safeguarding), economic matters, workplace protocols and working from home, relationships with private entities, an accessible lived experience consultation process, a human rights approach, and an opportunity for the direct input of the voice of children and young people.
The following organisations were invited to participate, though not all were available to attend on the day: IBEC; Chambers Ireland; CIF; ICTU; SvP; INOU; NHI; Care Champions; Irish Patients Association; Irish Pharmaceutical Healthcare Association; Mental Health Reform; Union of Students in Ireland; Irish Universities Association; Technological Higher Education Association; Aontas; Early Childhood Ireland; National Parents Council; Irish Second Level Students Union; Irish Association of Social Workers; Family Carers Ireland; C&V Pillar; The Wheel; Volunteer Ireland; Social Justice Ireland; Irish Rural Link; Irish Local Development Network; Irish Council for Social Housing; Pavee; Irish Refugee Council; Disability Federation Ireland; Disabled Persons Organisations Network; National Youth Council of Ireland; Children's Right Alliance; One Family; Sage Advocacy; Age Action Ireland; Alone; Safeguarding Ireland; National Women's Council; Irish Men's Sheds; Safe Ireland; Theatre Forum; IFA; ICMSA; MACRA; Irish Tourism Industry Confederation; IHREC; ICCL; Federation of Irish Sport; and Irish Penal Reform Trust.
The draft terms of reference were updated to reflect these consultations. The Government decided on an approach which it believes takes the best elements from that wider review and which is focused on providing real learning and lessons for the future.
How the Panel will Work
The COVID-19 Evaluation Panel will commence its work in January with preparations continuing in the interim period. The Panel should submit a final report to the Taoiseach in approximately 12-18 months. The Panel may submit interim reports on specific modules on any matters where evaluation points to immediate policy, system or practice improvements or changes.
A phased programme of work will be undertaken following a broad methodological approach which should avoid duplication of effort and harness existing sources to the greatest degree possible. The Panel will carry out a documentary analysis of existing plans, reports and other work already undertaken across Government and internationally to review specific aspects of Ireland’s response.
While the precise nature of the public aspects of the evaluation and engagement with the public will be a matter for the panel, Government has agreed that, as part of the information gathering:
• Submissions will also be sought from specific individuals, cohorts or their representatives
• There will be public consultation to hear accounts of the “lived experience” of anyone who wants to participate (including capturing the experiences of children and young people)
• There will be public events to allow for discussions with key-decision-makers on emerging topics.
• There will also be the opportunity for private sessions for deeper information gathering and the probing of submitted materials.
The overall objective of the evaluation is to learn for the future.
It is Government’s considered view that establishing the evaluation with a fact finding and lessons learned approach has a far greater chance of being completed with wide co-operation of relevant players in a non-adversarial atmosphere and likely to be concluded more quickly and achieve that objective. A statutory inquiry with powers of compellability would inevitably change the dynamic of the process and participation in it. An evaluation framed in this way provides great flexibility to the Chair in how the Panel will operate and will also avoid the demand for or need for legal representation.
It will be open to the Chair and the Panel, at any stage, to identify specific matters which require further investigation through separate processes.
The Chair and Panel can engage any additional expertise it believes it needs to complete its work. The Chair and the Panel will also have access to its own independent legal team as may be required.
Panel Independence and Support
In agreeing to the Terms of Reference, the Government also agreed that membership of the Panel should be separate from the organisations that are involved in the events that have led to the evaluation, or its commission and the evaluation should be able to reach its conclusions without the need for deference to any other party as to how to reach that conclusion.
It also agreed that there would need to be a multi-disciplinary aspect to the Panel to support the broader perspectives and an assessment “in the round” of the broad scope of interlinked policy decisions and impacts. Members will not include anyone directly involved in decision-making processes related to the pandemic.
Secretariat (administrative support) for the Evaluation Panel will be provided, in the normal way (such as for Tribunals, Commissions or Citizens’ Assemblies) by a dedicated team of civil servants seconded to this work. They will work for and report to the Chair for the duration of their assignment.
Approach to the Nursing Homes
It was very clear from the consultation on the terms of reference, that the Nursing Homes element is particularly important. For that reason, Government agreed that this merited a separate module of its own looking at the specific issues raised during the process.
It is worth noting that supporting nursing homes to respond to COVID-19 was an ongoing and central element of the State’s overall response throughout all phases of the pandemic. A range of supports were put in place early and these remained in place until they were no longer necessary. The Evaluation Panel will specifically examine the response to COVID-19 in long-term residential care facilities for older persons, leveraging all the work undertaken by Expert Panel on Nursing Homes.
• The Government also established an independent Nursing Homes Expert Panel early in the pandemic in May 2020 to examine the management of COVID-19 in nursing homes and provide real-time learnings and recommendations to inform the ongoing response.
• The Expert Panel reported in August 2020 and made a series of recommendations in relation to the ongoing response to COVID-19 at that time, and also made recommendations in relation to more wide-ranging reforms for the nursing home sector and older persons’ care more generally. Significant progress has already been made in implementing its recommendations and work on outstanding recommendations is ongoing.
Since then, the Government has also established a Commission on Care for Older People earlier this year to examine the health and social care services and supports provided to older people across the continuum of care and to make recommendations for their strategic development.