Secretary of State tells Stormont leaders they could implement Daíthí's Law in one assembly sitting

  • UTV Political Editor Tracey Magee reports


Stormont party leaders have been told that the return of the Assembly is the "quickest, most straightforward" path to passing a new organ donation law.

Northern Ireland Secretary Chris Heaton-Harris told politicians in a letter that they could progress the legislation in a single Assembly sitting by electing a Speaker, and without the need to nominate a First and deputy First Minister.

The opt-out donation system was passed by MLAs last year but the secondary legislation required to implement it cannot be approved at Stormont due to the political stalemate.

It comes as the secretary of state met with Stormont parties on Thursday to update them on negotiations around the protocol and the Northern Ireland Budget.

The DUP's Gordon Lyons responded that it was "impossible to get back into the assembly and into the executive" due to his party's ongoing concerns about the Northern Ireland Protocol.

The Northern Ireland Assembly collapsed after the DUP withdrew their first minister due to concerns over the Northern Ireland Protocol.

It's a trade agreement that was made between the EU and UK during Brexit negotiations and has resulted in checks being carried out on some goods coming into NI from GB.

The legislation is due to be named Daíthí's Law, after six-year-old Daíthí MacGabhann, from Belfast, who is on the organ transplant waiting list.

Last week Mr Heaton-Harris told Daíthí's family that it would take too long for the Government to intervene and pass the laws at Westminster.

In the letter to political leaders, the NI Secretary wrote that the parties "have it within your power to recall the Assembly and have this legislation in place in a matter of days".

He added: "This would only require MLAs to work together to elect a Speaker, not necessarily nominate a First and deputy First Minister - although, as I have always made clear, I hope that you would be able to do this too.

"With a Speaker elected, MLAs could then affirm the regulations, which would allow the Department of Health to implement the necessary changes."

Mr Heaton-Harris then set out the steps which would allow the process to take place in one sitting of the Assembly, including the suspension of the need for scrutiny by a committee.

He said there would be an "optional additional motion to establish the Business Committee, enabling further Assembly business to be scheduled".

Mr Heaton-Harris continued: "This would be the quickest, most straightforward path to progressing this important legislation that Daíthí and his family have campaigned so tirelessly

for, than for me to bring forward primary legislation in the UK Parliament, which, as you know, would be a long and arduous process.

"Resuming business in the Assembly would also demonstrate to voters in Northern Ireland that MLAs are ready to get back to work, to address the issues that people are facing and allow for greater debate and scrutiny.

"It remains my priority to see the restoration of fully functioning devolved institutions, operating on a sustainable basis.

"However, if MLAs could simply work together to elect an Assembly Speaker, that would be sufficient to progress these important, life-saving measures."

It was announced this week that Daíthí, who has been on the heart transplant waiting list since 2018, has been flown to England for a cardiac procedure.

His family campaigned for the law on organ donation to be changed to an opt-out system to help increase the number of donors.

They have urged Prime Minister Rishi Sunak to step in and pass the enabling legislation at Westminster.

In response to the Secretary of State's proposal, the DUP's Gordon Lyons said: "It's because of this secretary of state and this Conservative government supported the Northern Ireland Protocol, that it's made it impossible to get back into the assembly and into the executive.

"We have the Westminster government that's going to be taking through the new Executive Formation Bill, there's not reason why amendments could not be added onto that bill to make sure this could get through as quickly as possible," he added.


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