“If investigations into these matters are indeed being undertaken, the public are entitled to know about it”
The Head of the Northern Ireland Civil Service has refused to say whether she holds information about an investigation into the replacement of the Department of Education’s most senior official, despite media reports earlier this year that she had commissioned an inquiry into the decision.
In response to a Freedom of Information request from Belfast Live, Jayne Brady’s Chief of Staff said they could “neither confirm nor deny” whether they held any relevant material, citing section 40(5B) of the Freedom of Information Act, which relates to personal data.
The request sought basic, factual details about the investigation reportedly ordered by Dr Brady into the circumstances surrounding the replacement of the department’s permanent secretary in November 2024. It asked for the terms of reference, commissioning and conclusion dates, the role of the investigator, the cost to date, and any summary findings shared with Dr Brady.
Dr Brady’s Chief of Staff refused to confirm whether any of that information existed, saying that even acknowledging it could breach data protection laws.
However, in July, the BBC reported that the investigation was ongoing and was being carried out by a senior Scottish legal figure.
The decision to withhold all information, including whether the investigation exists, has raised questions about transparency at the top of the Civil Service.
Under FOI rules, public bodies can only rely on a “neither confirm nor deny” response where confirming or denying would itself disclose personal information. The request in this case explicitly stated that it did not seek any personal data.
An internal review of the decision has been requested.
Mark Browne had served as Permanent Secretary at the Department of Education for several years before being replaced in November 2024. At the time, Education Minister Paul Givan informed the chair of Stormont’s Education Committee, Alliance MLA Nick Mathison, that a temporary permanent secretary was being put in place.
In a letter to the Minister on 10 January this year, Mr Mathison asked why there was a vacancy and said the committee wanted to know “what difficulties may have arisen, what implications these may have and how they may be resolved.”
In his reply, Mr Givan said that decisions about moves at the permanent secretary level were made by the Head of the Civil Service, a role currently held by Dr Brady.
The Committee wrote to Dr Brady to ask what considerations underpinned her move of the permanent secretary, but it is understood that by that stage, she had already commissioned an investigation into Mr Browne’s replacement.
Belfast Live understands that the investigation commissioned by Dr Brady was intended to examine how the leadership change was handled.
Speaking to Belfast Live, Mr Mathison said: “The public remain completely in the dark about what led to the replacement of the previous permanent secretary. We should not forget this is the most senior official role in education in Northern Ireland after the Minister, and that the permanent secretary ultimately has responsibility for the advice given to the Minister, and for the financial and corporate governance of the department.
“It is therefore entirely legitimate to seek transparency around why this official is no longer in post, and why an interim office holder is in place with no explanation having been provided as to why. These questions and concerns have been in the public domain for some time and it’s regrettable that more clarity and transparency has not been provided.
“The Education Committee tried on a number of occasions earlier in the year to get answers to some of these questions, but none have been forthcoming. I will continue to seek greater transparency in the days ahead as it is vital the public has confidence in the governance arrangements in place at these senior levels of the Education Department. If investigations into these matters are indeed being undertaken, the public are entitled to know about it, rather than the current secretive approach being taken which serves only to generate speculation and conjecture.”
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