NORTHERN IRELAND
A Northern Ireland Appeals Court has begun hearing whether a senior Public Servant had the right to approve a controversial waste incinerator near Belfast.
The court was told that in the absence of a functioning government in the Province, if PS staff were not allowed to make these decisions Northern Ireland would “grind to a halt”.
Permanent Secretary of the Department for Infrastructure, Peter May (pictured) approved the incinerator in September 2017, but his decision was overturned by the High Court in May.
His Department is appealing that decision.
Head of the Public Service, David Sterling said the appeal was necessary to provide clarity over what decisions could be taken while the elected Government was not functioning, which has been the case since February last year.
Counsel for the Department, Tony McGleenan said the incinerator decision was not a case — as had been suggested — of PS employees “ruling”.
Rather, he said, Departments were “discharging their functions” under powers afforded to them under the 1998 Northern Ireland Act, which established the Executive and the Assembly.
Mr McGleenan said the Act was unique in that it made provision for the continued exercise of Departmental functions in the absence of Ministers — unlike in other parts of the United Kingdom.
However, Counsel for residents opposed to the development, David Scoffield said PS staff taking decisions were subject to the direction and control of Ministers “at all times”.
Lord Chief Justice, Sir Declan Morgan questioned how PS employees were accountable for the decisions they took.
He said the Public Service Code suggested they were only accountable to Ministers and asked who fulfilled that role in the absence of Ministers.
Mr McGleenan said ultimately Westminster provided that function, with the possibility that senior officials could be called before the Northern Ireland Affairs Committee.
He said since the collapse of the Province’s Government, Westminster had approved £16 billion (A$29 billion) of public money for spending through Departments in Northern Ireland.
“If Parliament thought what was happening here was unlawful, it’s unlikely it would disperse £16 billion through the Department of Finance,” Mr McGleenan said.
Mr Scoffield said that if the case went against the residents it would create a precedent where decisions would be taken and “no-one is democratically accountable”.
“No-one can punish Peter May or David Sterling at the polls at the next election if they don’t like the decision that has been taken,” Mr Scoffield said.
Belfast, 26 June 2018
