Swann advised he can't act alone on lifting Northern Ireland coronavirus restrictions

Health minister Robin Swann.

By James McNaney

Health Minister Robin Swann has been advised he can't act unilaterally on coronavirus restrictions in absence of an Executive.

He has written to his ministerial colleagues for their input and given them until 1pm on Monday to respond, after receiving legal advice from the attorney general.

Robin Swann's letter to the remaining Executive ministers, seen by UTV, states the Attorney General Brenda King advised him that he may have to seek the approval of the full Executive before he can lift the remaining restrictions.

She highlighted the potential legal complications of him acting without the wider endorsement of an Executive.

Swann's letter comes in the midst of a political battle over the fallout of the DUP's decision to remove Paul Givan from the first minister's office, and leave the Executive in shadow form.

While the remaining ministers are still in post, they are unable introduce any new business, and can only progress work already in the system.

The Covid-19 regulations are not due to expire until March 24, but were previously reviewed by the Executive every three weeks.

Executive approval is ordinarily required for decisions that are significant, controversial or cross cutting. Mr Swann is to assess if acting would cross those thresholds.

Mr Swann's letter stated: "As part of my own consideration, I want to seek colleagues' input as to whether any or all of these changes should, in your view, be considered to meet any of these three tests.

"It may be the case that I have the power to amend some, but not all of the restrictions without reference to the Executive, because they do not, individually meet the threshold for one or more of these criteria.

"In which case, I believe it may be appropriate to consider where it may be possible to act at this stage, even if I am not able to make a decision in respect of all of the remaining restrictions."

Sinn Fein's Michelle O'Neill said on Thursday evening that there was a "real prospect" of restrictions having to remain in place in NI because of, "the DUP's antics".

DUP leader sir Jeffrey Donaldson shot back at this suggestion, saying: "The health minister does have the legal authority to take decisions on this matter."

New laws have been passed to allow the Executive to continue in a partial form even without a first and deputy first minister. Taken together, these events make the powers of different minsters to act much less clear than normal.