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2024 Northern Ireland Executive formation

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Sinn Féin President Mary Lou McDonald (right) and vice president Michelle O'Neill

The 2024 Northern Ireland Executive formation followed on from the 2022 Northern Ireland Assembly election, but was delayed to February 2024. The 22 months delay in the restoration of the Northern Ireland Executive resulted from a boycott of the process by the Democratic Unionist Party (DUP).[1] Eventually it resulted in the formation of the Executive of the 7th Northern Ireland Assembly, led by Michelle O'Neill of Sinn Féin as First Minister and Emma Little-Pengelly of the DUP as deputy First Minister.

Background

[edit]

With Brexit in January 2020, issues with the Irish border arose due to the Brexit withdrawal agreement.[2] In the Brexit negotiations potential issues were considered with the Irish backstop.[3] In December 2021, a judge ruled that DUP ministers boycotting the North/South Ministerial Council to protest the Northern Ireland Protocol were an "abject breach of their solemn pledge".[4]

The 2022 Northern Ireland Assembly election resulted in Sinn Féin becoming the largest party, marking the first time an Irish nationalist/republican party won the most seats.[5] This gave them the right to nominate Northern Ireland's first-ever nationalist first minister of Northern Ireland.[6] The Democratic Unionist Party refused to return to power-sharing over disagreements over the Northern Ireland Protocol and the Windsor Framework.[7] The absence of an executive left senior civil servants controlling the nine government departments.[8]

Events

[edit]
DUP leader Jeffrey Donaldson

If no executive is formed within six months of an Assembly election, the United Kingdom Government's Northern Ireland Secretary can call a new election early.[9] On 28 September 2022, Chris Heaton-Harris, the Secretary of State for Northern Ireland, stated that he had a legal obligation to call an early election on 28 October if no government was formed by that date,[10] probably[11] to be held no later than January 2023.[12][13] Sinn Féin leader Michelle O'Neill voiced her opposition to such an election: "The people spoke, and the people asked for a functioning executive, they asked for us to make politics work."[14] Both the UK Prime Minister Rishi Sunak and the Irish Tánaiste Leo Varadkar had urged the DUP to agree to the formation of a Government.[15]

The parties met on 27 October and failed to elect a Speaker, the fourth time they had met and failed to do so, and no government was formed by the deadline.[16] On 28 October, Heaton-Harris expressed disappointment that no Executive had been formed and acknowledged his legal duty to call an election,[17] but delayed immediately calling one.[18] The chief electoral officer said the election date would likely be 15 December.[19] The last date that an election could be held under the legislation existing then was 19 January 2023.[20]

On 29 October, Heaton-Harris continued to delay calling an election. Claire Hanna, a Member of Parliament for the SDLP, reacted to the news, saying an election was now "less likely". Heaton-Harris held another round of talks with the political parties on 1 November, amid speculation that the UK government could introduce legislation to delay the need for a new election.[21][20] However, Northern Ireland Office Minister Steve Baker said on 2 November that Heaton-Harris "will soon confirm the date of the next Northern Ireland Assembly election as required by law."[22]

Northern Ireland (Executive Formation etc) Act 2022
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision to extend the period following the Northern Ireland Assembly election of 5 May 2022 during which Ministers may be appointed and after which the Secretary of State must propose a date for another election; about the exercise of functions in the absence of Northern Ireland Ministers; to confer powers on the Secretary of State to determine salaries and other benefits for Members of the Assembly in respect of periods in which the Assembly is not functioning; and to confer powers on the Secretary of State to set the regional rate in Northern Ireland.
Citation2022 c. 48
Dates
Royal assent6 December 2022
Other legislation
Amended by
Status: Amended
Text of statute as originally enacted
Text of the Northern Ireland (Executive Formation etc) Act 2022 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

On 4 November, Heaton-Harris said an election would not be held in December.[23] On 9 November, he said that he would be introducing legislation to (retrospectively) extend the deadline to form a new Assembly Executive to 8 December 2022, with the option for an additional 6-week extension.[24] The requisite legislation, the Northern Ireland (Executive Formation etc) Act 2022 (c. 48),[25][26] was passed by the Westminster Parliament on 6 December 2022.[27]

In November 2022, British prime minister Rishi Sunak and Tánaiste Micheál Martin met in Blackpool at the British-Irish Council summit.[28] Sunak said he was confident a breakthrough in negotiations over the Northern Ireland Protocol were possible.[29]

The December 2022 deadline passed without any resolution. The deadline was extended to 19 January 2023. Heaton-Harris invited the parties to new talks on 11 January 2023 to discuss the situation,[30] but Sinn Féin pulled out in protest at the exclusion of its president, Mary Lou McDonald, after which the SDLP refused to take part as well.[31][32]

Under the then legislation, the latest possible date for the next election, if an Executive is not formed, was 13 April 2023.[24][33] The deadline to form an Executive passed on 19 January 2023, but Heaton-Harris played down the prospect of him calling a snap election.[34]

Under then existing legislation, Heaton-Harris had to call an election by the end of the first week of March 2023. However, he proposed a further extension, with a new deadline to form an Executive of 18 January 2024 proposed.[35][36] This was achieved through the Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023,[37] which completed its passage through the Westminster Parliament in late February 2023.[38][37]

On 27 February 2023, the UK and EU announced the Windsor Framework to make changes to the Northern Ireland Protocol.[39] It was hoped that this would lead to formation of an Assembly executive.[40] However, the DUP boycott continued.[41] Talks with the DUP continued without success through to December.[42]

The Assembly was recalled on 17 January 2024. The DUP position was unchanged.[43] Heaton-Harris said that he would, again, bring primary legislation to further extend the deadline to 8 February 2024, via the Northern Ireland (Executive Formation) Bill 2024.[44][45]

Northern Ireland (Executive Formation) Act 2024
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision to extend the period following the Northern Ireland Assembly election of 5 May 2022 during which Ministers may be appointed.
Citation2024 c. 2
Dates
Royal assent25 January 2024
Status: Current legislation
Text of statute as originally enacted
Text of the Northern Ireland (Executive Formation) Act 2024 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

On 18 January 2024, the legal deadline to restore power-sharing was passed.[46] The same day the largest general strike in more than 50 years was held across Northern Ireland, in protest over pay.[47] Secretary of State for Northern Ireland Chris Heaton-Harris released a statement on the situation.[48] In 25 January, the Northern Ireland (Executive Formation) Act 2024 (c. 2) was introduced to extend the period necessary for restoration of government without calling a snap election. It came into law the same day.[49]

On 29 January 2024, an urgent meeting of the Democratic Unionist Party executive was called following the passing over the deadline to restore power sharing at Stormont.[50] Details of the meeting was reportedly leaked to the BBC.[51][52] Jeffrey Donaldson revealed in the morning that his party would return to Stormont.[53][54] This end of the boycott was welcomed by Sinn Féin.[55]

The UK Government published a command paper laying out the deal.[56] The deal will end the alignment of EU law in Northern Ireland.[57] Due to the Brexit withdrawal agreement, internal trade was disrupted between the British Isles.[58] A DUP agreement with the Sunak ministry will reportedly reduce checks and paperwork on goods moving from Great Britain to Northern Ireland.[59] This involves the creation of a "UK internal market" in order to ease unionist fears over de facto border in the Irish Sea.[60] Some hard-line loyalists criticised the DUP for "selling out".[61]

Formation of the 7th Assembly

[edit]
Main article: Executive of the 7th Northern Ireland Assembly
Speaker Edwin Poots MLA (right), Prime Minister Rishi Sunak MP (center), Secretary of State Chris Heaton-Harris (left) In Belfast on 6 February 2024

On 30 January, the parties returned to Stormont for talks.[62] The same day further public sector strikes were held.[63] The Assembly sat on Saturday 3 February.[64][65] Fresh elections were to be called had the executive not been formed by 8 February.[66]

On 3 February 2024, the Northern Ireland Assembly met to elect a new Speaker, with Edwin Poots, a former leader of the DUP, chosen to be the Assembly's 7th Speaker.[67] Sinn Féin's Michelle O'Neill was nominated as First Minister, becoming the first nationalist politician to hold the post, while the DUP's Emma Little-Pengelly was appointed deputy.[68][69] Alliance and the UUP also took ministerial positions. They were entitled to one each. The Justice portfolio is assigned separately and was also filled by Alliance.[70] The SDLP missed out on any ministerial positions due to winning insufficient seats in the Assembly; they went into opposition instead.[71]

Consequences

[edit]

The formation has been considered to boost Sinn Féin's chances in the next Irish general election.[72] As a result, Fianna Fáil has increased its ties with the Alliance Party and the Social Democratic and Labour Party in order to combat the cross-border presence of Sinn Féin.[73] In March 2024, the East–West Council held their first meeting.[74] Intertrade UK was established as part of a concession to the DUP.[75]

References

[edit]
  1. ^ Castle, Stephen (30 January 2024). "'A Long Time Coming': Northern Ireland Deal Receives Broad Welcome". The New York Times. ISSN 0362-4331. Retrieved 31 January 2024.
  2. ^ "Brexit: Five steps that led to an Irish Sea border". BBC News. 23 December 2020. Retrieved 2 February 2024.
  3. ^ Pérez-Peña, Richard (30 January 2019). "What Is the Irish Backstop, and Why Is It Holding Up Brexit?". The New York Times. ISSN 0362-4331. Retrieved 2 February 2024.
  4. ^ "DUP north-south boycott 'abject breach of pledge'". BBC News. 20 December 2021. Retrieved 2 February 2024.
  5. ^ "Northern Ireland: Sinn Fein secures historic election win – DW – 05/07/2022". dw.com. Retrieved 31 January 2024.
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  8. ^ "Who is running Northern Ireland?". BBC News. 14 November 2022. Retrieved 31 January 2024.
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  13. ^ Campbell, Brett (18 October 2022). "Stormont election on December 15 if deadline missed 'even by a minute'". Belfast Telegraph. Retrieved 19 October 2022.
  14. ^ McCambridge, Jonathan (10 October 2022). "O'Neill cautions against winter election and calls for Stormont return". Evening Standard. Retrieved 10 October 2022.
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  17. ^ "NI Secretary voices 'disappointment' but still no election call". ITV News. 28 October 2022. Retrieved 18 November 2022.
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  19. ^ Andrews, Chris (28 October 2022). "Q&A: Is Northern Ireland going back to the polls?". BBC News. Retrieved 18 November 2022.
  20. ^ a b McClafferty, Enda; McCormack, Jayne (2 November 2022). "NI election date to be confirmed soon - Steve Baker". BBC News. Retrieved 18 November 2022.
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  23. ^ "Stormont: No NI Assembly election to be held in December". BBC News. 4 November 2022. Retrieved 4 November 2022.
  24. ^ a b "Secretary of State for Northern Ireland - Statement on Executive Formation". UK Government. 9 November 2022. Retrieved 11 November 2022.
  25. ^ https://researchbriefings.files.parliament.uk/documents/CBP-9939/CBP-9939.pdf
  26. ^ "Northern Ireland (Executive Formation etc) Act 2022".
  27. ^ McCormack, Jayne (5 December 2022). "Stormont: MLA pay cut bill passed in House of Lords" – via www.bbc.co.uk.
  28. ^ O'Carroll, Lisa; correspondent, Lisa O'Carroll Brexit (10 November 2022). "Sunak hopes to 'deepen UK-Irish ties' after Micheál Martin meeting". The Guardian. ISSN 0261-3077. Retrieved 31 January 2024. {{cite news}}: |last2= has generic name (help)
  29. ^ "Rishi Sunak 'confident' of NI Protocol talks breakthrough". BBC News. 10 November 2022. Retrieved 31 January 2024.
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  31. ^ McCambridge, Jonathan (11 January 2023). "Sinn Fein pulls out of protocol meeting after party leader 'excluded'". The Independent. Retrieved 12 January 2023.
  32. ^ McClements, Freya; McQuinn, Cormac (11 January 2023). "Talks to break Stormont deadlock go ahead without any nationalists after 'exclusion' of Sinn Féin leader". The Irish Times. Retrieved 12 January 2023.
  33. ^ McCormack, Jayne; Fox, Matt (9 November 2022). "Stormont stalemate: Heaton-Harris pushes back NI election deadline". BBC News. Retrieved 18 November 2022.
  34. ^ Hughes, Brendan (18 January 2023). "Latest Stormont deadline looms but little sign of snap election". BelfastLive.
  35. ^ O'Carroll, Lisa (9 February 2023). "Northern Ireland assembly election to be delayed again". The Guardian. ISSN 0261-3077. Retrieved 9 February 2023.
  36. ^ Pogatchnik, Shawn (9 February 2023). "UK concedes reality of Northern Ireland deadlock, shifts election 'deadline' to 2024". POLITICO. Retrieved 9 February 2023.
  37. ^ a b "Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 - Parliamentary Bills - UK Parliament".
  38. ^ "Northern Ireland (Executive Formation) Bill 2022-23 - House of Commons Library".
  39. ^ "The Windsor Framework". Institute for Government. 27 March 2023.
  40. ^ Press Association (27 February 2023). "Windsor Framework: Sinn Fein and SDLP call for restoration of Assembly following NI Protocol deal". Belfast News Letter.
  41. ^ "DUP: No dissent within the party over Stormont boycott, says leader". BBC News. 5 October 2023.
  42. ^ "NI talks: Discussions on restoring Stormont are over, government says". BBC News. 19 December 2023.
  43. ^ "Stormont Assembly recall could be its last sitting says O'Neill". BBC News. 17 January 2024.
  44. ^ "Stormont stalemate: Deadline to restore Northern Ireland Executive to expire". BBC News. 18 January 2024.
  45. ^ "Northern Ireland (Executive Formation) Bill 2023-24 - House of Commons Library".
  46. ^ "Stormont stalemate: Deadline to restore Northern Ireland Executive to expire". BBC News. 18 January 2024. Retrieved 31 January 2024.
  47. ^ "Strikes: Thousands attend rallies in major strike over pay". BBC News. 18 January 2024. Retrieved 31 January 2024.
  48. ^ "Secretary of State's statement on the NI Executive Formation Deadline". GOV.UK. Retrieved 2 February 2024.
  49. ^ "Northern Ireland (Executive Formation) Act 2024".
  50. ^ "DUP set for crunch meeting as party leader briefs members on proposals to end Stormont boycott". ITV Northern Ireland. 29 January 2024.
  51. ^ "DUP mole 'wore a wire' to leak meeting to Jamie Bryson". BBC News. 30 January 2024. Retrieved 30 January 2024.
  52. ^ Reporters, Telegraph (30 January 2024). "DUP agrees deal to restore power-sharing at Stormont". The Telegraph. ISSN 0307-1235. Retrieved 31 January 2024.
  53. ^ "Leaks, tweets and cries of deceit - but a deal was done". BBC News. 30 January 2024. Retrieved 30 January 2024.
  54. ^ "DUP: Next days crucial for Stormont return, says Sinn Féin". BBC News. 30 January 2024. Retrieved 30 January 2024.
  55. ^ "NI powersharing government to return after DUP confirms end of boycott". The Irish Times. Retrieved 2 February 2024.
  56. ^ "Northern Ireland devolution: Safeguarding the Union - House of Commons Library".
  57. ^ O'Carroll, Lisa (30 January 2024). "Northern Ireland: what is the power-sharing deal – and could it be blocked?". The Guardian. ISSN 0261-3077. Retrieved 31 January 2024.
  58. ^ Sparrow, Andrew (30 January 2024). "Goods to flow freely from GB to NI as part of deal to restore Stormont power sharing, says DUP – as it happened". the Guardian. ISSN 0261-3077. Retrieved 31 January 2024.
  59. ^ "DUP deal aimed at restoring power sharing in Northern Ireland is published". BBC News. 31 January 2024. Retrieved 31 January 2024.
  60. ^ Carroll, Rory; Courea, Eleni (31 January 2024). "Northern Ireland to get new Brexit trade rules in deal to restore power sharing". The Guardian. ISSN 0261-3077. Retrieved 31 January 2024.
  61. ^ Ferguson, Amanda (30 January 2024). "Northern Ireland's DUP strikes deal to return to power-sharing government". Reuters.
  62. ^ Carroll, Rory; correspondent, Rory Carroll Ireland (30 January 2024). "Northern Irish parties meet to chart Stormont return after DUP backs deal". The Guardian. ISSN 0261-3077. Retrieved 31 January 2024. {{cite news}}: |last2= has generic name (help)
  63. ^ "NI strikes: Bus and train workers strike again despite Stormont progress". BBC News. 31 January 2024. Retrieved 31 January 2024.
  64. ^ "Stormont returns: who are the likely ministers in the new Northern Ireland Executive?". The Irish Times. Retrieved 1 February 2024.
  65. ^ "Stormont: Assembly to sit on Saturday as DUP boycott ends". BBC News. 1 February 2024. Retrieved 1 February 2024.
  66. ^ "New Stormont deadline on fresh elections if executive not formed set for February 8th". The Irish Times. Retrieved 1 February 2024.
  67. ^ McCormack, Jayne (3 February 2024). "Edwin Poots: Who is the Speaker of the Northern Ireland Assembly?". BBC News. BBC. Retrieved 3 February 2024.
  68. ^ Hughes, Brendan (3 February 2024). "Michelle O'Neill appointed Northern Ireland's first nationalist first minister". BBC News. BBC. Retrieved 3 February 2024.
  69. ^ "Michelle O'Neill: Who is Northern Ireland's history-making first republican leader?". ITV News. 31 January 2024.
  70. ^ Boland, Lauren (3 February 2024). "Explainer: How does Northern Ireland appoint ministers - and who might get the jobs?". TheJournal.ie.
  71. ^ "Party leaders discuss priorities for new Stormont executive". 2 February 2024 – via www.bbc.co.uk.
  72. ^ "Irish Vote Should Not Be Until 2025, Finance Minister Says". Bloomberg.com. 8 March 2024. Retrieved 10 March 2024.
  73. ^ "Patrick Murphy: Welcome to the first all-Ireland election campaign since 1918". The Irish News. 9 March 2024. Retrieved 10 March 2024.
  74. ^ McCormack, Jayne; Hughes, Brendan (26 March 2024). "New UK East-West Council meets for the first time". BBC News. BBC. Retrieved 26 March 2024.
  75. ^ "Arlene Foster is to be chair of body promoting trade in the UK". BBC News. 14 May 2024. Retrieved 14 May 2024.
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