MORE EVIDENCE OF CROSS COMMUNITY VETO BEING USED AT STORMONT TO BLOCK RIGHTS

AMANDA FERGUSON in Belfast

Monday, June 21, 2021

MORE EVIDENCE STORY PIC

Committee on the Administration of Justice (CAJ) deputy director Daniel Holder contacted The Executive Office (TEO) after he had received information about the DUP using the so-called 'St Andrew's veto' to block women's reproductive rights and covid restrictions.

You can read the details of that story, from March, here: STORMONT CROSS COMMUNITY VETO USED THREE TIMES TO BLOCK WOMEN'S REPRODUCTIVE RIGHTS | Amanda.ie

The St Andrew's veto is whereby Stormont ministers must bring most decisions deemed controversial to the Executive. Votes by the Executive can be taken on a cross community basis if three ministers request that.

CAJ contacted TEO for information for the two previous mandates covering the period 2011-2017.

There was a long delay in getting that information.

It was not released until a complaint was put in to the UK Information Commissioner.

The first automated response from the UK Information Commissioner was received in both English and Welsh.

The Information Commissioner wrote to TEO and requested a response in ten working days.

After this the information was finally released.

Here it is:

Assembly mandate of 2016-2017

1a: The number of times the ‘St Andrews Veto’ (i.e. a cross community vote) was instigated in the NI Executive;

• 1 occasion

1b: The following information in relation to each such occasions:

(I) the date on which it occurred;

• 27/10/2016

(II) the subject matter being voted on;

• Consultation on Equal Marriage

(III) whether the matter was before the Executive by virtue of being a ‘significant or controversial’ matter in accordance with s20(4) NI Act;

• TEO does not hold this information

Assembly mandate of 2011-2016

1a: The number of times the ‘St Andrews Veto’ (i.e. a cross community vote) was instigated in the NI Executive;

• 6 occasions

1b: The following information in relation to each such occasions:

i) the date on which it occurred;

• 15/12/2011

• 22/11/2012

• 24/01/2013

• 09/10/2014

• 10/03/2016 (2 subjects)

ii) the subject matter being voted on;

• NI Public Service Pensions - Increases to Member Contribution Rates - Proposed Amendment to Executive Decision

• Northern Ireland Public Service Pensions - Proposals for implementing the legislative Changes to give effect to Revised Pension Arrangements from 1 April 2015

• UK Government's Crime and Courts Bill

• Matter of procedure

• Policy Proposals for an Irish Language Bill

• Strategy to Enhance and Protect the Development of the Irish Language 2015 -2035 and Strategy to Enhance and Develop the Ulster-Scots Language, Heritage and Culture 2015-2035

iii) whether the matter was before the Executive by virtue of being a ‘significant or controversial’ matter in accordance with s20(4) NI Act;

• TEO does not hold this information

What this reveals is during the short mandate of 2016 that the St Andrew's veto was used to block a consultation on same sex marriage equality.

Daniel Holder told amanda.ie: "It also shows during the previous Assembly term 2011-2016 the St Andrew's veto was used six times.

"That includes to block proposals for the Irish Language Act, and to block the Irish and Ulster Scots strategies.

"Subsequently the High Court found the blocking of the Irish language strategy to be unlawful.

"It highlights the problem the veto is used to block rights and equality issues.

"The actual use of this veto is the tip of the iceberg. It begs the questions how many times did ministers not bring matters to the Executive knowing the would likely be vetoed?"

This comes to light as MPs debate legislation to reform the petition of concern.

See: https://commonslibrary.parliament.uk/research-briefings/cbp-9213/?fbclid=IwAR3Pc6zpmDdo_ecvLDXmpbPJnZXuLxFGS0s55hAUhkHqlvAQCLItBphXQ-E

Daniel Holder added: "Another veto being used is whereby the First Minister or deputy First Minister can block things from going on the Executive's agenda entirely.

"Last week the communities minister stated proposals to close loopholes in welfare support had been blocked 17 times."

See here: https://www.irishnews.com/news/northernirelandnews/2021/06/18/news/dup-accused-of-consciously-delaying-vital-legislation-to-close-welfare-loopholes-pushing-people-further-into-poverty--2359101/

A UK government report to the Council of Europe also said a timeline for Irish and Ulster Scots strategies had been stopped from getting on the Executive Agenda.

See page 39, paragraph 176: https://rm.coe.int/ukiria5rev-en/1680a0eef6

Daniel Holder said: "We don't know how many times items have been vetoed off the Executive agenda as TEO have declined to release this information."

He added: "While MPs are rightly focused on reforming the petition of concern Stormont will remain dysfunctional if these issues aren't also addressed."

The Committee on the Administration of Justice (CAJ) was established in 1981 and is an independent non-governmental organisation affiliated to the International Federation for Human Rights.

For more about its work visit: the CAJ website

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