Summary

  • Renewable Heat Incentive Inquiry examining botched energy scheme

  • Panel quizzes ex-DETI energy boss John Mills about his role

  • Inquiry set up after public concern over scheme's huge projected overspend

  • Retired Court of Appeal judge Sir Patrick Coghlin chairing inquiry at Stormont

  • Public evidence sessions expected to last into autumn 2018

  1. That's all for today...published at 17:46 British Summer Time 21 June 2018

    Stormont's Parliament BuildingsImage source, AFP

    Sir Patrick Coghlin tells Mr Mills that the inquiry knows it's "not easy" to spend as long as he has in the witness chair.

    But it has a "duty to the public" to ask questions, he says, and he thanks the witness for answering them.

    Mr Mills is unlikely to have to return to Stormont to give more evidence.

    Tomorrow's witness is Tom Forgrave, a poultry farmer and chair of the Ulster Farmers' Union's poultry committee - join us from 09:45!

  2. What happened today at the RHI Inquiry?published at 17:46 British Summer Time 21 June 2018

    BBC News NI

    A key meeting that led to a disastrous delay in RHI cost controls was driven by an unelected DUP adviser rather than his minister, the inquiry was told.

    The decision to push back the introduction of subsidy cuts by a month was taken at a 15 minute meeting in August 2015.

    Jonathan BellImage source, Pacemaker

    The extra four weeks allowed an extra 800 boilers to be accredited to the scheme, adding a massive sum to the overall cost.

    The inquiry heard the idea for the delay was at the behest of DUP adviser Timothy Cairns even though his minister Jonathan Bell (above) was in the room.

  3. 'Sinn Féin advisers became involved in closure decision'published at 17:46 British Summer Time 21 June 2018

    Standard procedure for closing the RHI scheme would have included public consultation but this was dispensed.

    Mr Mills says he believes the decision was taken once it came to the attention of Sinn Féin.

    Sinn Féin logoImage source, Sinn Féin

    He says some of the earlier submissions were labelled 'First Minister' whilst later versions were marked 'Office of the the First and deputy First Minister', implying they had been seen by the DUP and Sinn Féin.

    The witness says he thinks he was first alerted to the involvement of Sinn Féin advisers by DETI's top civil servants Dr Andrew McCormick and Chris Stewart, "who maybe got it from Timothy Cairns".

    "Things had moved up a notch," he adds.

  4. 'DUP had rescinded minister's decision to close RHI'published at 17:31 British Summer Time 21 June 2018

    There was an understanding at DETI that the Democratic Unionist Party had "rescinded" Jonathan Bell's approval for the RHI scheme to close, says Mr Mills.

    He claims that DETI officials were told that the decision "was in the hands of party officers".

    A biomass boiler

    He says he "probably thought the worst at the time" and "very disturbing reasons for it were probably in my head".

    Asked what those were, he says he believed it was "to allow people to make applications before closure".

    "There was no reason for the decision [to close the scheme] to have not been taken."

  5. 'Industry insiders had greater knowledge than DETI'published at 17:20 British Summer Time 21 June 2018

    "Information very quickly leaked out" about the planned closure of the RHI scheme in early 2016, says Mr Mills, and DETI was receiving calls from people looking for confirmation.

    It even received a call informing it that Moy Park had instructed its farmers to act quickly and get their applications in.

    Wood pellets

    In his witness statement, Mr Mills says that "stakeholders appeared to have greater knowledge than officials" about what was happening.

    Explaining that, he tells the inquiry that it was his assumption that information was being provided to the industry by ministerial advisers but he acknowledges that he doesn't have evidence to back the claim.

    But he adds: "I couldn't see how else the information was getting out... it simply couldn't have been officials."

  6. 'Serious risk means no choice but to close RHI'published at 17:02 British Summer Time 21 June 2018

    Jonathan Bell was told in a ministerial submission that DETI had "no choice but to close" the RHI scheme "as soon as possible.

    "This may seem drastic," it stated, "but the funding risk is very serious indeed."

    Burning wood pellets

    In response to the submission, Mr Bell's adviser Tim Cairns asked if the department could "consult or inform" the Ulster Farmers' Union and others within the energy industry that the scheme was to close.

    Mr Mills responded that it "would not be appropriate to consult" with the industry given that the scheme had run so far out of control.

    Mr Mills says he was concerns that the adviser had made that request.

  7. 'Last-ditch attempt to ask Treasury to cover overspend'published at 16:56 British Summer Time 21 June 2018

    Matters move to the closure of the RHI scheme in 2016 and Mr Mills is asked about his involvement.

    He makes the point that much of the decision-making was done above his level but he was instructed just before Christmas in 2015 that the scheme was have to be shut down.

    A finger on an emergency stop buttonImage source, Getty Images

    "Chris Stewart (DETI's deputy permanent secretary)... sent me a note saying the game's up - we're going to have to pay for this," he says.

    But over a month earlier, DETI civil servant Stuart Wightman had told Mr Stewart that there was no option but to close the scheme.

    Asked why it took so long from that point for the instruction of closure to be given, Mr Mills says officials were making a "last-ditch attempt" to convince the Treasury to cover the overspend.

  8. 'No intent to challenge in scrutiny of RHI plan'published at 16:45 British Summer Time 21 June 2018

    Two senior DETI civil servants had a role in drawing up the business case for the changes to the RHI scheme, even though they would later be sitting on an internal panel that would be scrutinising it.

    Finance official Trevor Cooper and economist Shane Murphy approved the business case when it came before them in the role on the department's casework committee.

    People looking at chartsImage source, Getty Images

    Mr Mills says that "wouldn't be in accordance" with how the process was supposed to work.

    The department was "fully behind" the plan for the changes, which is "not consistent with the independent challenge" function of the committee

    Sir Patrick says there was "no element of challenge, nor was there intended to be any element of challenge".

  9. 'Money machine claims distracted DETI officials'published at 16:44 British Summer Time 21 June 2018

    Yesterday, during the session with Stuart Wightman it emerged that DETI's claims for job creation linked to the RHI scheme would have seen four full-time jobs for every 12 biomass boilers installed over the 20 years of the initiative.

    "Surely nobody believed that was happening?" Dr MacLean asks.

    "The job creation from renewables always struck me as high anyway," Mr Mills says.

    A games machineImage source, PA

    Dr MacLean wants to know if the constant emphasis on value for money and the claims that RHI was "a money machine" had distracted the DETI officials from the need to stop the scheme.

    "That's a valid point," says Mr Mills.

  10. 'Further two-week delay had severe cost implications'published at 16:06 British Summer Time 21 June 2018

    There was another, final delay in changing the subsidies on offer through the RHI scheme - it was pushed back from 4 November 2015 to 18 November.

    That allowed many more applications to flood in, with resulting additional costs to the scheme, and Mr Mills put that down to financial and legal delays.

    A biomass boiler

    DETI's deputy permanent secretary Chris Stewart said in his statement to the inquiry that "even a two-week delay had very significant implications for the cost of the scheme".

    Mr Stewart said the fundamental reason for the delay was the time taken to draft the legislation and it would have been better to concentrate on the subsidies rather than adding other measures as well - Mr Mills agrees.

  11. 'Was Bell just nodding along to adviser at key meeting?'published at 15:50 British Summer Time 21 June 2018

    Mr Bell's adviser was the one running the meeting at which the decision to delay the changes to the RHI scheme was made, agrees Mr Mills.

    Sir Patrick Coghlin says Tim Cairns - in spite of his importance as a DUP adviser - was "not the democratically elected minister".

    Burning wood pelletsImage source, Getty Images

    The inquiry chair asks if Mr Bell was simply "sitting there nodding".

    "I don't dissent from your explanation, chair," says the witness, who tells him that it was Mr Cairns "doing most of the speaking".

  12. 'Delay to changes was concession worth making'published at 15:33 British Summer Time 21 June 2018

    There is disagreement between Mr Mills and the minister's adviser about who proposed a one-month delay to the changes in the RHI scheme.

    Mr Cairns argues that it was Mr Mills who made the suggestion - Mr Mills argues the opposite way.

    Burning wood pellets

    But in an email to Mr Cairns after the August 2015 meeting, Mr Mills wrote that the changes would come into effect from "the start of November, as you suggested."

    Mr Mills says that wasn't challenged by the DUP adviser at the time.

    What Mr Mills does acknowledge is that he didn't resist the suggestion of the delay, saying that he was "relieved that there was a chance" to get the changes approved: "I would've thought it was a concession worth making."

  13. 'No minutes taken at another crucial RHI meeting'published at 15:25 British Summer Time 21 June 2018

    It was decided at a meeting on 24 August 2015 to approve the changes to the RHI scheme but a decision was also taken then to delay the changes by from October until November.

    Mr Bell and his adviser attended the meeting with Mr Mills and the department's permanent secretary Dr Andrew McCormick.

    A boardroomImage source, Getty Images

    But Mr Scoffield says the inquiry faces a problem - those who were there have "no clear recollection" of the meeting and, as has been a theme of the RHI debacle, no minutes or written record was made of what happened.

    That goes against civil service guidance and Mr Mills accepts that there should've been a note taken that detailed what was discussed.

  14. 'Why not make minister's office aware of need for urgency?'published at 15:21 British Summer Time 21 June 2018

    Dame Una O'Brien says ministers' private offices are busy places with officials constantly coming and going to check on the progress of their submissions and whether they've been seen by the minister.

    She asks Mr Mills whether he would've considered going to the minister's private secretary to say he was concerned about the adviser's handling of the submission and to make sure the minster received it.

    The witness says such an action would be seen as "going over the [adviser's] head" and he points out that there is a space on the submission folder for the adviser's signature.

    Dame Una O'BrienImage source, RHI Inquiry

    "The private secretary is not seen as someone who can unlock that process and make sure that the minister, who's the elected person, is made aware of the urgency?" asks Dame Una.

    Mr Mills says that sounds more like his experience of governing in Northern Ireland during periods of direct rule from Westminster, before the devolution of power to the Stormont Assembly.

  15. 'DUP adviser tried to delay key RHI decision'published at 15:02 British Summer Time 21 June 2018

    DUP adviser Tim Cairns was trying to delay or avoid a decision being made on the changes to the RHI scheme, claims Mr Mills.

    By 20 August 2015, the changes to the RHI scheme had yet to be cleared by the minister, in spite of various reminders to his adviser about the urgent need for approval.

    "It could hardly have escaped his attention that were were concerned," says Mr Mills.

    A man points at a watchImage source, Getty Images

    In an email to the top civil servants in the department, Mr Mills said civil servants had "effectively done everything we can".

    He also warned that even if the changes were rubber-stamped by the minister that week it would only give the industry six weeks of notice until they came into effect, opening up the risk of legal challenge.

  16. 'Set out to kill off DUP adviser's proposals'published at 14:44 British Summer Time 21 June 2018

    Mr Mills set out to "kill off" Mr Cairns' proposal for an increased threshold of 3,000 hours of a heating system's annual use after which RHI scheme payments would be reduced.

    The suggestion had been put forward to Mr Cairns by Dr Crawford.

    He emailed Chris Stewart, DETI's deputy permanent secretary, to voice his objections.

    ChickensImage source, Getty Images

    Mr Mills made the point that the original proposal of 1,314 hours was taken from the similar RHI scheme that was running in Great Britain, and that it represented 15% of the maximum possible running hours for a boiler.

    He pointed out that the poultry growing cycle meant that sheds were left empty for a third of the time awaiting the next batch of chickens.

  17. 'Foster adviser had big influence even after leaving DETI'published at 14:32 British Summer Time 21 June 2018

    DUP advisers adopted "stalling tactics" to slow DETI's planned changes to the RHI scheme in the summer of 2015, claims Mr Mills.

    Suggestions to change some of the proposals were put forward, as the inquiry heard on Tuesday, and Mr Mills says that "my reaction to it was fairly cynical".

    Dr Andrew Crawford

    He also says it was "commonly thought" that Dr Andrew Crawford - who was Arlene Foster's adviser when she was the enterprise minister and follower her when she moved to Stormont's finance department in May 2015 - "was the person pulling the strings".

    The two most senior civil servants at DETI felt that Dr Crawford's "influence was very great still in terms of decisions in DETI", he says.

    And he adds that the then minister Jonathan Bell's adviser "more or less had to go with" Dr Crawford's suggestions.

  18. 'Adviser asked for note to pass to DUP colleagues'published at 13:34 British Summer Time 21 June 2018

    two men in a meetingImage source, Getty Images

    At the end of July 2015, Mr Mills and DETI's deputy permanent secretary Chris Stewart met the minister's adviser Tim Cairns to discuss the planned changes to the RHI scheme.

    He remembers that the discussion was "along the lines of: 'We need to get this moving'" but he felt there was a "deliberate delaying" of that on Mr Cairns' part.

    He says Mr Cairns asked for a note outlining the changes that would be passed to the "party apparatus" including other DUP advisers.

    With that, the inquiry breaks for lunch - back at 14:05.

  19. 'Difficult to deny that officials were sharing detials'published at 13:15 British Summer Time 21 June 2018

    An email inboxImage source, Getty

    Mr Mills says he wasn't aware that his officials were sharing such detailed information about the RHI scheme change to those in the energy industry in June 2015.

    He became "much more aware" in August that year when the department's proposals for the scheme "became common knowledge".

    "Given the level of knowledge [the industry had] it was very, very difficult to deny what was going on with the officials," he adds.

  20. 'Valid criticism over sharing information with big firms'published at 13:12 British Summer Time 21 June 2018

    Civil servants' sharing internal information about the RHI scheme to major firms could lead to "valid criticism" from small businesses that they were put at a disadvantage by not receiving the same details, suggsts Sir Patrick.

    He acknowledges that poultry producer Moy Park - which received advance notice of changes to the RHI scheme - is the "golden people of the agriculture area".

    Hens in a shedImage source, Getty Images

    But he says DETI has a "responsibility" to make sure there's an even playing field for other firms.

    Mr Mills agrees that there were some "handpicked players".

    But he points out that Moy Park, for example, is one of Northern Ireland's biggest employers it would be "naive" not to engage with them on policy matters related to its work.