Collective decision-making by Northern Executive undermined by Bill, ex-adviser claims

A former senior DUP special adviser has expressed disquiet that a Bill currently going through the Northern Assembly could undermine collective decision-making by the Northern Executive.

The Executive Committee (Functions) Bill passed the consideration stage on Tuesday without debate or formal vote notwithstanding concern voiced by Richard Bullick, a former special advisor to DUP First Ministers Peter Robinson and Arlene Foster.

The proposed legislation change is stated to be designed to free-up the decision-making process by Ministers to make the planning process more efficient.

The Bill would provide Ministers with more power to take individual decisions without having to take them to the entire Northern Executive for endorsement.

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Mr Bullick however has described the proposed law change as “the most significant rolling back of the St Andrews Agreement and will significantly undermine the ability of the Executive to prevent Ministers acting without collective agreement”.

The 2006 St Andrews Agreement amended elements of the 1998 Belfast Agreement to limit the ability of individual Ministers to take decisions without referral to the Northern Executive. This largely flowed from a decision by the late Martin McGuinness, when he was education minister, to abolish the 11 Plus transfer test from primary to secondary school without reference to other Ministers.

First Minister Ms Foster has rejected Mr Bullick’s interpretation of the law, insisting that any significant or controversial matters would have to be referred to the Executive for consideration and decision.

The proposed law change follows from a 2018 court judgment which found that the granting of planning permission for a contentious waste incinerator plant in north Belfast was unlawful.

In the three-year absence of Stormont between 2017 and 2020 a senior civil servant gave permission for the incinerator. But in what was called the Buick judgement that decision was overruled with the court deciding that it was a "cross-cutting matter" where it was for Northern Executive to decide the issue.

During previous discussion earlier this month of the new legislation in the Assembly DUP, Sinn Fein, SDLP and Alliance MLAs argued that it was designed to deliver "quicker governance".

Sinn Fein MLA Pat Sheehan also said the current legislation had created some problems and was "taking bureaucracy to a ridiculous degree" by suggesting that all planning decisions must go the Executive rather than be decided by the Department for Infrastructure.

Mr Bullick, who left Stormont in 2017 to take up a senior position with the MCE public relations firm in Belfast, argued that the proposed law change would undermine the elements of the St Andrews Agreement designed to prevent Ministers taking “solo runs” on important legislation.

Ms Foster however has rejected those concerns insisting she was comfortable with the contents of the Bill.

She previously said that there would still be a provision for any three ministers to ask that any significant or controversial decision be brought to the Executive. As the DUP has four Ministers the DUP argument is that it has the power to refer any significant matters to the Executive.

Mr Bullick in turn said no such power exists under the proposed law change.

Asked on Monday if the Bill was paving the way for more Ministerial solo runs Ms Foster told the Press Association, “No, it most certainly is not.”

Assembly members have until Wednesday morning to propose any amendments to the Bill before it proceeds to its next Assembly stage.