25 September 2023

NORTHERN IRELAND: PS rejects court decision

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NORTHERN IRELAND

The head of Northern Ireland’s Public Service, David Sterling (pictured) says there will be an appeal against a court judgment that questioned the ability of officials to make major policy decisions in the absence of a functioning Provincial Government.

Mr Sterling was said to be concerned about the ruling in the Belfast High Court blocking a decision by a senior PS employee approving a waste incinerator plant.

Senior PS staff have been taking the majority of decisions within Departments since the Northern Ireland Government collapsed 16 months ago.

While the UK Government has stepped in on occasion to make significant decisions, such as setting a Budget and enabling the collection of rates, the Public Service has effectively been in charge.

However, Justice Keegan, presiding in a judicial review case, found that Permanent Secretary of the Department for Infrastructure, Peter May did not have the power to approve the planning application for the £240 million (A$430 million) incinerator facility.

She said such a decision should have been made by elected Ministers.

Mr Sterling said that in the absence an Executive, PS staff had to take the unusual step of taking decisions on some issues that would normally have been brought to Ministers for decision.

“That is why it is important we obtain greater clarity on the legal position and why it is right for the Department for Infrastructure to seek to appeal,” Mr Sterling said.

President of the Sinn Fein Party, Mary Lou McDonald denied the judgment hastened the introduction of direct rule from Westminster.

“No, I think direct rule would be disastrous for good Government here in the north of Ireland,” Ms McDonald said.

“I think whatever the differences between parties, there is a recognition that the best answer is for local decisions that affect people’s lives to be taken locally.”

Belfast, 16 May 2018

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