Dáithí MacGabhann's father disappointed but not surprised DUP will not elect speaker

The father of Dáithí MacGabhann has expressed his disappointed at the DUP's decision to not elect a speaker at Tuesday's recall.

Mairtin MacGabhann said he was not surprised that the party decided against returning to Stormont.

He challenged the DUP to guarantee the law can be brought in at Westminster.

MLAs have been recalled to the Assembly on Tuesday in an attempt to elect a Speaker and debate the implementation of the legislation on opt-out organ donation.

The DUP has made clear it will not take part in proceedings to elect a Speak given its ongoing boycott of the institutions over the Northern Ireland Protocol.

The planned law is named after Mairtin's son, six-year-old Belfast boy Daithi MacGabhann, who is waiting a heart transplant.

It would see people having to opt-out from organ donation as opposed to having to opt in.

The law has become a touchstone issue in the political debate around the power-sharing impasse at Stormont.

Mr MacGabhann said: "Paul Givan reached out on Saturday to tell us that Jeffrey Donaldson would not be electing a speaker. 

"Although disappointed that it can't be sorted out on Tuesday, we were also told that the DUP will do everything they can to see Dáithí's Law goes through Westminster.

"At this stage, we need it guaranteed that without a sitting assembly that it can be done at Westminster. Can Jeffrey and the DUP guarantee us that?"

In a weekend message to party members, DUP leader Sir Jeffrey Donaldson reiterated that his party would not return to devolved institutions unless issues of concern the protocol were resolved.

He again accused the UK Government of using the issue as “blackmail” and also claimed Sinn Fein was trying to exploit the matter for political gain.

Sir Jeffrey said that the issue could be dealt with at Westminster with an amendment he will introduce to the planned Executive Formation Bill.

Northern Ireland Secretary Chris Heaton-Harris has raised concerns that this route would take longer and might prove difficult. It is unclear whether the scope of the Executive Formation Bill would be wide enough to permit the addition of such an amendment.

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

The DUP is preventing the functioning of both the Assembly and the ministerial executive in protest at the post-Brexit protocol.

Only the Assembly would need to be up and running to pass the regulations required to implement the opt-out organ donation system.

Dáithí underwent another heart procedure in England last week.

The opt-out system would mean people in Northern Ireland would be presumed to be donors, unless they take a decision to opt out. It is being implemented to increase donation rates in the region.

In the message to party colleagues, Sir Jeffrey wrote: “It is disgraceful that the issue of organ donation is being used as blackmail for the return of devolution.

“We will not be nominating a Speaker on Tuesday.

“Westminster is sovereign and can resolve the issue quickly.”

He added: “I will be tabling an amendment to the Executive Formation Bill that will empower the Secretary of State to lay the necessary legislation and see this law in place.

“Given Sinn Fein’s politicking on the matter, let’s see if they take their seats in Westminster to help pass this law in the House of Commons. We won’t hold our breath. Utterly false outrage from Sinn Fein as usual.

“We have a mandate for the action we are taking. The DUP is representing its electorate and there will be no return to a fully functioning Stormont without unionists.”

Several previous recalls of the Assembly have all ended in failure due to the DUP’s stance on preventing the election of a Speaker.

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.