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Covid: The inside story of the government’s battle against the virus

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By Laura Kuenssberg, Political Editor (BBC)

At the beginning of March 2020, I asked a senior member of the government: “Do you feel worried?” They replied: “Personally? No.” But just weeks later, Downing Street was scrambling to manage the biggest crisis since World War Two.

Since then, monumental decisions have had to be taken. And there have been many accusations of failings – the desperate shortages of personal protective equipment (PPE), Covid ripping through unprepared care homes, hundreds of billions borrowed and spent to keep the economy going, to name a few.

I have asked 20 of the most senior politicians, officials and former officials, who either witnessed or were involved in the big decisions, to pick five pivotal moments from the past 12 months.

What they say tells us so much about what really happened, what our leaders were thinking, and, strikingly, how little they knew. The contributors are not being named, so they could speak freely.

On 31 January, it was reported that coronavirus had arrived in the UK, as two people were admitted to hospital. Meanwhile, more than 80 Britons evacuated from China were quarantined at a facility in the north-west of England. But for the government, Brexit had sucked up all the political energy – it was the day the country officially left the EU.

The prime minister and his team were exhausted but elated. It felt like Boris Johnson had “just really started to take flight”, one member of the team tells me.

Ministers and officials had already been meeting to discuss the virus in China – but it felt thousands of miles away. There was a “lack of concern and energy,” one source tells me. “The general view was it is just hysteria. It was just like a flu.”

The prime minister was even heard to say: “The best thing would be to ignore it.” And he repeatedly warned, several sources tell me, that an overreaction could do more harm than good.

A small group in Downing Street had started daily meetings, after, according to one of those who attended, “it became clear that there was no proper, ‘Emergency break-the-glass’ plan.”

But for many of those I’ve spoken to, the game-changer was at the end of February, when the virus took hold in northern Italy – it was closer to home, and England’s chief medical officer, Chris Whitty, had, one minister told me, warned that if it got out of China, it would become global, and be on its way to the UK.

“The biggest moment for me was when I saw those pictures of northern Italy,” one senior minister says. “I thought that will be us if we don’t move.”

Reports of the chaos there catapulted the virus, one senior minister says, “from not on the radar, to people on the floor of hospitals in Lombardy.” They say that was the moment “we knew that it was inevitable”.

Ministers and officials became locked in arguments over how to respond. The prime minister and many cabinet ministers were reluctant to consider anything as draconian as a lockdown. To many people, the very idea would have seemed fanciful.

Even stopping shaking hands seemed a step too far for the prime minister.

Before the first major coronavirus briefing on 3 March, he had, I am told, been prepared by aides to say, if asked by journalists, people should stop shaking hands with each other – as per government scientific advice.

But he said the exact opposite. “I’ve shaken hands with everybody,” he said, about visiting a hospital with Covid patients.

And it was not just a slip, one of those present at the briefing says. It demonstrated “the whole conflict for him – and his lack of understanding of the severity of what was coming”.

A Downing Street spokesperson told the BBC: “The prime minister was very clear at the time he was taking a number of precautionary steps, including frequently washing his hands. Once the social distancing advice changed, the prime minister’s approach changed.”

By this point, Mr Johnson was attending emergency committee Cobra meetings with officials and leaders from Holyrood, Belfast and Cardiff – although he had missed the first few.

But one senior politician who attended at the same time says: “The early meetings with the prime minister were dreadful.” And inside Downing Street, senior staff’s concerns about the government’s ability to cope grew.

There were huge logistical considerations about equipment, facilities and how fast the disease might move in the UK, and questions about how effective the actions taken in China to suppress the virus would be here. It was not well understood, for example, that people without symptoms could still pass it on, nor that Britons returning from half-term holidays in northern Europe were bringing the virus back home in large numbers.

“There was a genuine argument in government, which everyone has subsequently denied,” one senior figure tells me, about whether there should be a hard lockdown or a plan to protect only the most vulnerable, and even encourage what was described to me at that time as “some degree of herd immunity”.

There was even talk of “chicken pox parties”, where healthy people might be encouraged to gather to spread the disease. And while that was not considered a policy proposal, real consideration was given to whether suppressing Covid entirely could be counter productive.

On 3 March, when the prime minister set out the government’s plan, the focus was on detecting early cases and preventing the spread.

But on 12 March, with journalists crammed into the state dining room at No 10, he told the public that the country was facing its worst health crisis in a generation. Anyone with symptoms was told to stay at home for a week.

Advisers seemed confident it was not yet time to close schools or stop large crowds gathering. And the government’s scientists felt they had time to slow everything down – the peak was not expected for another 10-14 weeks.

That same week, though, nervousness was rising among others in government that the virus was outpacing everyone’s expectations, and the plans in place to smooth out the outbreak would not work.

One source tells me it felt like the “government machine was breaking in our hands”, things were “imploding”, and within 48 hours the approach outlined on the 12th would feel out of date.

There has been no shortage of controversy over whether the government was too slow to close the doors on 23 March – but many of the conversations I have had, pinpoint the moment it became urgent in No 10.

On 13 March, the government’s Scientific Advisory Group for Emergencies (Sage) committee concluded the virus was spreading faster than thought.

But it was Downing Street “modellers in the building”, according to one current official, who pored again over the numbers, and realised the timetable that had only just been announced was likely to result in disaster.

The next morning, a small group of key staff got together. Simple graphs were drawn on a whiteboard and the prime minister was confronted with the stark prediction that the plan he had just announced would result in the NHS collapsing under the sheer number of cases.

Several of those present tell me that was the moment Mr Johnson realised the urgency – that the official assumptions about the speed of the spread of this new disease had been wrong.

To prevent the NHS “falling over”, he was warned, the government would have to impose measures as infections rose. And while they could be relaxed as cases fell, this pattern might recur across “multiple waves for 18 months”.

Several sources recall vividly the “snake like graph” they were shown that day.

Then, one official says, everything started to move at “lightning speed”. And behind closed doors – before the terrifying projections of Imperial College became public, a couple of days later – plans were accelerated.

On 16 March, the public were told to stop all unnecessary social contact and to work at home if possible.

New cabinet committees were formed. And the machine moved into a different phase, with the prime minister and the “quad” – Matt Hancock, Michael Gove, Dominic Raab and Rishi Sunak – the new decision-making form. It was, I am told, “high tension – [with] a lot of testosterone in the room”.

For many inside government, the pace of change that week was staggering – but others remain frustrated the government machine, in their view, had failed to move quickly enough.

There was tension between those who wanted to ensure systems were as ready as they could be first, and others who argued vociferously that moving fast against the virus was more important than anything else.

But those I spoke to now agree on one thing – how much they did not know about the disease.

“You can kick yourself about the things that you wish you knew,” one minister says, “but we just didn’t have anything in place.”

Another cabinet minister says: “It’s easy to say we should have locked down longer, gone harder, but there are more complex debates about where the national interests really lie.”

And it was all so strange.

One minister who made some of the public announcements when lockdown came says: “I remember when I wrote it into the script, I just couldn’t believe that I was saying this.”

And one official, struck by how huge it all felt, says he googled: “Did they shut the schools during the War?”

Another, meanwhile, admits, “We were more blind than we told the public,” and suggests that is still the case one year on.

On 18 March, we reported that a small number of members of staff in No 10 had fallen ill. One insider says: “People were dropping like flies.”

The prime minister, however, was acting as though he was impervious to the risk. He had developed a habit of banging his own chest, telling staff he was “strong as a bull”. Soon, though, this chest-banging turned into “extreme coughing fits”. Tests, in short supply everywhere, were requested for him from 25 March. And two days later, he tested positive.

He switched to the chancellor’s bigger suite of offices so that he could keep working, screened off from the rest of the building. Insiders recall how much he hated this and, in a second spell of isolation in the autumn, chairs had to be placed across the door “like a puppy gate”, so he could still communicate with the tiny number of staff allowed into the same part of the building.

Then, at the end of March, the prime minister became increasingly ill – each video call he made to reassure the public required more takes.

On 6 April, he agreed to go to St Thomas’ Hospital and, struggling for breath on a phone call, I have been told, confirmed he wanted Foreign Secretary Dominic Raab to stand in for him.

Initially, Downing Street tried to give the impression that all was well. Journalists were even told that Mr Johnson was working on his red boxes. That message has been put down to a mix up, and we now know this was far from the truth.

The moment of genuine crisis came when he was moved into intensive care. No-one knew if the prime minister would make it through the night – or what the plan was if he did not.

By this point, with so many in No 10 and in government already sick, there were, I have been told, about “half a dozen people running things”.

Fears that he might need to be intubated were shared by a tiny group inside Number 10. They discussed the possibility that ministers would have to gather in the cabinet room, with the doors closed, until they chose a successor – but there was no fixed protocol, and no conclusion was reached. The Tory Party, I have been told, even started to consider how to transfer the leadership without a contest, fearing that such a competition could be seen as “venal” after the prime minister’s death.

Then cabinet ministers were summoned urgently for a conference call. “All of a sudden we were asked to join this call – not knowing if he was alive,” one tells me. Then No 10 prepared to make the news public.

The Downing Street voice on the other end of the phone cracked with fear as I was asked to get to the Foreign Office as soon possible with a camera to talk to Mr Raab, who was being sent out to try to reassure the country. We reported the news that Mr Johnson was in intensive care from the back of a taxi.

A former official tells me: “We thought we really could lose him – we had to plan for a full transition.” That night was “long and shocking”, one source says.

By the end of May, the number of coronavirus cases was falling, the prime minister was back at work full time, and the public had surprised the government by overwhelmingly sticking to the rules.

Furthermore, despite some embarrassing and prominent lockdown breaches – in April, for example, Scotland’s chief medical officer, Catherine Calderwood, had to quit over her visits to her holiday home – there had been what one senior minister describes as “tremendous goodwill”.

But then came the Mirror and the Guardian’s scoop – in March, the prime minister’s chief adviser, Dominic Cummings, had travelled hundreds of miles to County Durham, after his wife fell ill with Covid. He, too, succumbed to the virus and his stay on his family’s farm to recover, before returning to London, had been kept secret – apart from among a tiny number of Downing Street staff.

And Mr Cummings was determined not to quit. After considering sacking him, the prime minister stuck by him – but first, there was what has been described to me as tense “mediation between a couple deciding whether to divorce”.

Before making that decision, he had summoned Mr Cummings to go through his version of events. Together, they planned for him to give this version publicly – despite others’ protestations. The result was the surreal press conference in the Downing Street rose garden.

Many of those I have talked to describe this episode as a terrible turning-point.

“Even for us, this is mad,” a member of the Downing Street team tells me.

Senior ministers say: “The handling was a fiasco”. “It was ridiculous”, and, at a time of national emergency, “broke the political consensus”.

Perhaps, after two months of lockdown, the public was ready to be angry with someone.

MPs’ inboxes were swamped with irate emails – mine too. “The early pandemic washed away all the bitterness of Brexit,” one senior minister tells me. “That all came flooding back, all that bile, all that pent up frustration.”

Some ministers tweeted their support for Mr Cummings. One of those who refused says: “He should have resigned straight away. You lead by example. I was busy chopping logs with my chainsaw to get the frustration out.”

Some polling suggests the Barnard Castle episode really did dent the public’s trust in the government. “It gave people who wanted to break the rules an excuse,” one source says.

But inside government, there was a belief that an extraordinary period of unity had already started to fade, and the public had started to tire of the rules once the government had moved towards its plans to lift them.

There is no question, though, the whole misadventure made the politics of the pandemic more scratchy and less consensual.

Mr Cummings was not the only one to be caught up. In June, Northern Ireland’s Deputy First Minister, Michelle O’Neill, provoked anger by attending a huge Republican funeral.

But it was after Barnard Castle that it felt like the mood in the country had changed.

“People wanted to portray the PM as a clown,” one minister tells me, “or not up to the level of events.”

Britain in the summer did not feel like a country still gripped by a pandemic.

“There was loads of over optimistic messaging,” one politician says.

For example, the time when a Labour MP asked for advice at the end of June for his constituency, which was home to a popular beach and he was worried about huge numbers heading for the sea. “Show some guts,” the prime minister told him.

In July, a grinning chancellor delivered plates of Japanese curry to unsuspecting customers at a London restaurant, to promote his “eat out to help out” scheme. Then the prime minister started to encourage people back to the office.

But behind closed doors, there were significant doubts about the wisdom of this new mood. “We knew there was going to be a second wave,” one cabinet minister tells me, “and there was a row about whether people should work from home or not – it was totally ridiculous.”

The summer optimism and opening was “the biggest mistake – a rush of blood to the head”, another senior figure says. “The PM has to carry the can”.

The prime minister believed that another lockdown would be a disaster and wanted to avoid it at all costs – but for many of those involved in making the decisions, his hostility to tightening the rules again was frustrating, dangerous and political.

“The policy objective in the summer and the autumn was – do the minimum possible,” one tells me.

But by the end of August, with Britons packing beaches, the warnings of what might come were already flickering in Number 10.

Some days, sources suggest, the prime minister would express concern about the virus coming back. Others, he would be in “let-it-rip mode”. And senior officials expressed deep concern about what seemed to be changes of heart on a daily basis.

The disease would not be contained by indecision, and by the start of September, with schools and universities having returned, “you could clearly see a steady increase,” a senior figure says.

The testing system had not been able to keep pace with demand, and too few people were willing to, or could afford, to self-isolate if they tested positive. “The idea that you could liberalise in the summer was based on the idea that you could whackamole with test and trace,” the source says. “But if you didn’t whack the right moles then it doesn’t work.”

By the middle of September, “the data was already screaming out”, one insider says. On the 17th, I was told by one source: “If you do nothing now, by the end of October you will get something worse than the first wave.”

The possibility of a short “circuit breaker” lockdown was already being discussed in Downing Street that week. Prof Whitty, the UK’s chief scientific adviser Sir Patrick Vallance, and Mr Cummings and others were arguing hard for action to be taken – but the prime minister was unpersuaded.

Others wanted to push again – one current official recalls a “concerted effort” – and on Sunday 20th, the No 10 team gathered a range of scientists. But the prime minister remained reluctant.

Another current official describes his attitude as, “if there is a way not to act, why do it?”.

Over the next 36 hours, I have been told, a small group inside Downing Street repeatedly tried to change Mr Johnson’s mind – but by then, he was operating in a very different atmosphere.

“A swampiness had risen because of ideological pressure on this government at every turn to do less – and to do it more slowly,” a senior figure says. And it is understood Mr Johnson had privately assured groups of MPs there would be no more restrictions.

The Treasury was pointing out the damage any further restrictions would do to the economy, many of the traditional Tory-backing newspapers were hungry for restrictions to be relaxed, the party was restless, and I remember cabinet ministers who had hardly any cases of the virus in their constituencies at that point, suggesting they saw no evidence for further action.

So when Mr Johnson made changes to the coronavirus restrictions on 22 September, they were tweaks, rather than a real tightening up. I remember talking to Tory backbenchers that day who felt they had won.

The importance of the missed September moment is cited by many senior figures – and some now concede it was a mistake.

“We strained at the leash to get things going,” one cabinet minister admits. “I was aggressively for that – but I have learned that it is better to go slow.”

Another senior minister, one of those who pushed for more radical action at the time, now says: “We should have locked down more severely, earlier in the autumn – the whole point was, the earlier you act the more you buy yourself time for a strategy that can get out.”

You can still hear the frustration in the voices of those who lost the argument.

“The PM was saying the Tory Party won’t swallow it,” one tells me. “Everyone else felt, we know we are going to have to do a lockdown.”

And there is no question that the tier system that was introduced over the autumn, which portioned England into different levels of restrictions, was soon tied up in confusion and regional spats.

“It was completely unintelligible to any normal human being,” one senior official says. “It was too slow, and too Byzantine, and that resulted in more cases.”

Another says now: “We ended up tying ourselves into ever tighter knots,” as the system became more and more particular to each part of the country.

It is impossible to know what would have happened if the brakes had been slammed on in September – but some ministers pin the terrible scale of the second wave, at least in part, on the apparent reluctance to act.

The circuit-breaker that was imposed later in Wales did not make the problem go away, however. Case numbers weren’t the only concern – the economy had been shuttered, and shattered. Political demands had changed.

In defence of Mr Johnson, one senior minister says: “He’s not to blame if he was trying to reflect the aspiration for the country back in the summer”. Another tells me the plans, and the billions spent on “test-and-trace and tiering meant it was reasonable to do the unlock”.

They reject the idea that a circuit breaker was the obvious option – “There wasn’t a slam dunk recommendation.”

Regarding the potential introduction of national restrictions in September, Downing Street referred us back to comments made by the prime minister to parliament in early November.

“No-one wants to impose measures unless absolutely essential,” Mr Johnson told the Commons. “So it made sense to focus initially on the areas where the disease was surging and not to shut businesses, pubs and restaurants in parts of the country where incidence was low.”

But while there is no question mistakes were made in the first phase of the pandemic, when so much about the virus was a mystery, those involved in the decisions are already less forgiving of their own mistakes the second time around.

“A miracle,” is how one minister describes the vaccine gamble to me. A government so often lambasted by critics for busting convention did it again – but this time, so far, with a stunning outcome.

Vaccines had been discussed in January, as the government machine began to contemplate, slowly, what might be ahead. Early on the chancellor, holding the cheque book, indicated a willingness to spend at speed, without asking for guarantees.

No 10 decided to “chuck everything at it”, at a meeting in April. With Sir Patrick’s crucial experience and deputy chief medical officer for England Prof Jonathan Van-Tam’s emphasis on the practicalities of delivering the vaccine, politicians were persuaded to take what was then a huge risk.

There was an early decision to “pay high, pay early, and ensure it works,” one senior official tells me.

And it seems their decision was informed by everything that had gone wrong with trying to secure PPE – the collapse of the NHS’s normal procurement process, which is controlled by the Department of Health.

The UK decided early not to participate in the EU’s joint plan to buy vaccines. While publicly this decision may have been politically controversial, behind closed doors it was “easy” and “straightforward”, ministers and officials say. “No-one wanted any of the Brexit baggage anywhere near it.” And, more importantly, the EU had made it clear any participating country would be unable to make its own deals with manufacturers the EU had an agreement with – or control its own supply.

The vaccines team had warned ministers at the start of May that nothing was certain – and developing a vaccine as quickly as the prime minister, who “wanted it yesterday”, required would be an uphill struggle. But, as one minister says, it was “the one thing we would wish that we had done in a year’s time”.

Another, a senior minister, says: “The PM strategically saw immediately that the combination of testing, drugs and vaccine was the way out.” And when it came to vaccines, the UK was ready to take an expensive gamble.

The Treasury was spending speculatively in ways it had not since the War – and vaccine spending has already reached nearly £13.5bn. “Imagine if it hadn’t come off and we had spent all of that taxpayers’ money,” one senior official says to me.

There was intense secrecy, throughout, with the various vaccines given secret code names to ensure commercial confidentiality. All were named after submarines – the Pfizer-BioNTech vaccine “Ambush”, I can now reveal, and the Oxford-AstraZeneca “Triumph”.

After 12 months of grappling with endless calculations about balancing risks to life, wider health and how the country makes a living, decision-makers are exhausted. They have to accept it is perfectly possible to be wrong, one senior minister tells me. And those who made the decisions are all too aware mistakes they made in these past 12 months may have had such a terrible cost.



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Civilizational dialogue proving a remote possibility as realpolitik rages

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Political leaders at the Shanghai Cooperation Organization Summit 2026. (Photo by PROKOFYEV / POOL / AFP)

Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.

This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.

From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.

It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.

That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.

If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.

Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.

However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.

Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.

The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.

Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’

The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.

In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.

Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.

Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.

Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.

Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.

International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.

Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.

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Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment

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Superior Court Complex, Colombo

by Shelton Dharmaratne

Sri Lanka has reached an important constitutional moment.

The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.

That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.

The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.

The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.

A narrower constitutional question than the political debate suggests

The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.

Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.

Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.

Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.

Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.

Those are legitimate policy considerations.

But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.

The real question is institutional

The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.

That is an institutional question, not an accusation against individual judges.

A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.

This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.

The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.

Legitimate objectives do not settle constitutional questions

The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.

Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.

A government is therefore entitled to propose reforms designed to improve judicial efficiency.

But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.

That is precisely why constitutional scrutiny matters.

The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.

The appropriate questions are straightforward:

Does extending judicial tenure strengthen the administration of justice?

What risks, if any, could it create for judicial independence?

Are adequate institutional safeguards in place?

Does the proposal operate prospectively, or does it affect judges already serving?

Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?

These questions can be examined rationally without attributing improper motives to either side.

Judicial vacancies and institutional confidence

Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.

Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.

Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.

The government has an opportunity to address these concerns constructively.

Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.

Seniority, merit and transparent criteria

The controversy also exposes a longstanding question concerning judicial appointments.

Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.

If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.

Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.

Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.

Institutional rules are stronger safeguards than assurances of good intentions.

The State is larger than any government

One principle deserves particular emphasis: a government is not the State.

Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.

The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.

For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.

The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.

That is not political weakness. It is constitutional maturity.

Public confidence is a constitutional asset

The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.

Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.

Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.

Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.

A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.

The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.

If a referendum arises …

If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.

The electorate should be given a clear constitutional question and sufficient information to assess it.

Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.

A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.

The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.

Beyond who wins

The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.

Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.

Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.

If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.

Neither side strengthens the country by assuming that the other is acting in bad faith.

The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.

Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.

Sri Lanka should instead seek a broader consensus around a fundamental proposition:

Judicial reform and judicial independence are not competing objectives.

The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.

That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.

The present controversy will eventually pass. Political arguments surrounding it will fade.

But constitutional arrangements can endure for decades.

That is why Sri Lanka must look beyond the immediate political contest.

The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.

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Farewell to a Fashion Icon

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Chula was very fond of The Island newspaper and kept in touch with us on a regular basis (L) / Chula: Sent us this photo for Glam Scene, just a couple of weeks ago (R)

Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.

Her sudden demise has certainly come as a shock to many.

Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).

Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.

In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.

She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”

Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.

She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.

For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers

She trained hundreds of models for runway, photoshoots, auditions, and international pageants.

She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.

Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)

Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.

Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:

“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.

“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.

“Thank you once again.”

In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.

May she rest in peace. Our deepest condolences to her family, students, and all who loved her.

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