Belfast boy Daithi's fight for a change in Northern Ireland organ donation law is not over

From his hospital bed, Daithi Mac Gabhann is delivering a devastating blow to politicians.

Pictured sitting up with a big smile but also with a clenched fist, six-year-old Daithi fights on.  Fights on for a new heart.  Fights on for the law on organ donation to be changed as promised a year ago.

Daithi has spent the last few days in hospital in Newcastle-upon-Tyne.  He's had a procedure to allow his medical team to understand a bit more about his condition.  He hopes to travel home to Belfast with his mum and dad on Friday night.

The Mac Gabhann family are frustrated.  Frustrated that there is still no clear path or agreement between the politicians to fully implement organ donation law in Northern Ireland.  The legislation has been held up by the lack of an assembly and executive.

Northern Ireland Secretary of State Chris Heaton-Harris told the political parties the easiest and quickest way to get the legislation finalised is for MLAs to elect a speaker at Stormont and to pass the legislation in the assembly.  But that would require the DUP to agree to put on hold its boycott over the protocol.

The DUP is angry.  In a statement the party leader Sir Jeffrey Donaldson has accused the government of using Daithi's law as a bargaining chip for the return of Stormont. 

He said: "It is disgraceful that this issue has been used as blackmail for the return of devolution. The Government know the parameters for the restoration of devolved government therefore they should take the necessary steps in Westminster to ensure Dáithí’s Law is put in place."

The party insists the legislation should be dealt with in Westminster and the DUP leader plans to table an amendment to another piece of legislation later this month to allow Daithi's law to be put in place.

Meanwhile, the Speaker of the Assembly Alex Maskey has written to MLAs setting out what would need to happen for the legislation to be passed in a recall of the assembly.

It's clear it isn't as straight forward as the Secretary of State has suggested.  

Mr Maskey has highlighted in his letter that if Sinn Fein's planned recall of the assembly is agreed, and even if the DUP signed up to the idea, a number of procedural and legislative steps must be taken before the law can be implemented.  The Speaker also points out that any legislation passed in the way being proposed by the Secretary of State would have little in the way of scrutiny.

Alex Maskey has written: "Of course, there are also issues in relation to scrutiny if the Assembly was to proceed to consider legislation at a time when there are no Ministers or committees in place."

The politicians will be aware that at the centre of what has now become a legislative mess is a little boy with a very determined and vocal family.  

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