NORTHERN IRELAND
A Northern Ireland Government Department has lost its appeal against a High Court judgment overturning the powers of a Public Servant to grant permission for a waste treatment centre and incinerator.
The permission had been given by the Permanent Secretary of the Department for Infrastructure.
There has been no functioning elected Government in Northern Ireland since March last year following the collapse of the devolved Assembly.
Since then the Province’s nine Departments have been led by senior PS staff.
The Department for Infrastructure appealed against the High Court verdict in a bid to provide clarity over PS staff powers to govern in the absence of a functioning Government.
Lawyers for the Department argued that in setting up the Northern Ireland political system, the UK Parliament had anticipated periods when Northern Ireland would have to be run without a functioning Executive in place.
However, the Court of Appeal concluded that the decision made by the Department was “crosscutting, significant and controversial” and “therefore, a decision which could only be taken by the Executive Committee”.
The leader of the Ulster Unionist Party, Robin Swann urged Secretary of State for Northern Ireland, Karen Bradley (pictured) to either restore some form of devolved Government in the Province or appoint direct-rule Ministers.
“The Secretary of State can no longer remain a backseat driver,” Mr Swann said.
“There is no running away from this. It is a time for decisive leadership.”
In an editorial, the Belfast News Letter newspaper said Ms Bradley was faced with two possibilities: she could implement direct rule, something she has been desperate not to do, or Westminster could pass legislation explicitly giving PS staff the power to take Ministerial decisions.
“That may seem a palatable way to continue the pretence that devolution is in some ways still alive, but it would be an unmistakable departure from the most basic democratic principles,” the editorial said.
Belfast, 8 July 2018
