Sinn Fein now say they want to liberate the Assembly by removing the mutual veto. What is the DUP’s response? Dismiss it as bluff or accept the challenge?

Fresh from taking a bit of a battering in the May 22 by elections in the Republic , Sinn Fein have  received a setback  for their ambition to  build a left wing coalition in the Republic to challenge the Fine Gael – Fianna Fail partnership.  The ambition had looked like a goer after the success of  the tentative left wing alliance to secure the election as President of the left leaning  independent Catherine Connolly.  But now,after the qualified victory in one by election, the little left parties are daring to claim that Sinn Fein  are nowhere near left enough and no longer stand for anything  much except unity referendums  which are plainly failing  to galvanise  opinion down there just at the moment.

So against that unpromising background what have Sinn Fein done? They’ve rushed out a programme of Assembly reform for scrapping single party vetoes  “to remove the ever present threat of Assembly collapse”.  Well blow me down. This comes as something of  a surprise. Only a couple of weeks ago the hint of  such a threat came from Sinn Fein sources infuriated by the DUP showing  disrespect for the Irish language as required by the GFA,  and treating it as sort of test case for  continuing  power sharing itself.  Was an Assembly crisis brewing?  It was plausible as Sinn Fein were going all out for 2030 as the date for a border poll with little mention of the Assembly apart from  their frustrations.  But any suggestion of crisis was quickly followed by a pullback.  Sinn Fein’s candid friend  in the Irish News the ever impatient Brian Feeny corrected an impression he left with many (including me ) that he was recommending an immediate pull-out from the Assembly. “It’s time for Sinn Fein to give up on the Assembly”.  No,no nothing like that , he was only questioning the point of the Assembly if  it doesn’t deliver on anything and the kicker, that it only serves to perpetuate  partition anyway. No reason for withdrawal there of course not, with an election coming up to consolidate their leading role . But now it seems next year’s Assembly election  might be about more than harvesting votes to call for  border poll.  So let’s take Sinn Fein at face value .  

Ending the Veto on Executive Formation

PROPOSAL Sinn Féin proposes that the veto of the largest nationalist party and the largest unionist party over the formation of the Executive should be removed. The largest nationalist party and the largest unionist party should retain the right to nominate the First Minister and deputy First Minister. However, if either of those parties chooses not to nominate, the opportunity to nominate should pass to other parties.

Reform of the Election of the Assembly Speaker A functioning Assembly cannot begin its work until a Speaker is elected.

PROPOSAL Sinn Féin proposes the removal of the veto over the election of the Speaker at the first meeting of the Assembly. This would ensure that the Assembly can begin its work and carry out its legislative and scrutiny functions. 

 in the Office of the Speaker Under current Standing Orders, decisions made by the Speaker are final and cannot be challenged..

 PROPOSAL Sinn Féin proposes that options be explored to introduce greater transparency and accountability in relation to decisions made by the Speaker. This could include measures requiring explanations for key rulings and exploring mechanisms for review in clearly defined circumstances. International best practice should inform this process.

Equality for MLAs Designated as ‘Other’.

 PROPOSAL Sinn Féin believes that reform options to address the disadvantage experienced by those who designate as “other” should be considered positively. While fully protecting the core designation safeguards of the Good Friday Agreement, proposals should be explored to address concerns regarding the weight of votes cast by MLAs designated as “Other”, particularly in key decisions such as the election of the Speaker.

Normalising the Appointment of the Justice Minister The Justice Minister currently sits outside the standard ministerial allocation process. Unlike other ministers, the position is not allocated through the D’Hondt process. This creates an inconsistency within the operation of the Executive. PROPOSAL The British government should legislate to regularise the appointment of the Justice Minister through the D’Hondt process in line with all other ministerial positions.

Devolution of Fiscal Powers The absence of fiscal powers significantly limits the ability of the Executive to raise revenue to invest properly in public services and to respond to other local economic challenges.

PROPOSAL Sinn Féin proposes that the British government urgently engage with the Executive and the Finance Minister on the devolution of additional fiscal powers. This would enable locally accountable decision making and support greater investment in public services

The big three  items are  the removal  of the vetoes on forming the Executive, on the election  of the Speaker and the handicap on the Other designation which doesn’t have equal status with the nationalist and unionist blocs . How far would equal treatment for Other go? Cross community votes on key issues  would still apply. Do Sinn Fein intend to give  Other, i.e. the Alliance party similar veto rights to the unionist and nationalist blocs?  How would that work?

The plan is quite vague although in principle fundamental. The blocs would suvive. If one major party opted out  what would be the criteria for forming the Assembly and the share out of  Executive jobs?  And how would they relate to cross community votres on key issues?  (By the way no sign here of “ joint first ministers”). To what use would Sinn Fein put the newly liberated Assembly?  The plan says nothing on the basic question of delivery , now under challenge as never before. How to cut down hospital waiting lists ( implement Bengoa)   clean up Lough Neagh and provide more clean water for building houses, clear the decks for a new dualled A5 , strike a new balance between welfare payments and job creation etc. etc.

The demand for extra tax raising powers would be more convincing if the Executive used the existing ones more .  They are about to hit a financial  crisis as the era of extra bailout comes to an end within Rachel Reeve’s fiscal framework. Without borrowing powers – and no good reason to convince lenders they should have any – cuts will be obligatory. Blaming  the Brits will cut no ice in Brit-land

On the main proposals how will the DUP respond to Sinn Fein’s challenge?

Aside from face value are there any possible political motives apart from shaming assorted unionists into compliance?

To strengthen their voter appeal for next year’s Assembly elections?

To  boost their campaign  for unity referendums? Not a move to impress unionists –  no specific link is possible for them

To impress the Republic’s  voters to show how responsible they can be in government? But we’re always told the south  neither knows nor cares what Sinn Fein get up to in the North.

Butlet’s be positive. Might they have sounded out the other parties in advance? No sign of that yet..  They will present their proposals  to the proper forum of the Assembly and Executive Reform Committee and are open to other ideas. So far the response has been muted to put it mildly. A rare debate on the Assembly floor would be instructive. What would they all do if the DUP  accepted the challenge?

Brian Walker

Former BBC journalist and manager in Belfast, Manchester and London, Editor Spolight; Political Editor BBC NI; Current Affairs Commissioning editor BBC Radio 4; Editor Political and Parliamentary Programmes, BBC Westminster; former London Editor Belfast Telegraph. Hon Senior Research Fellow, The Constitution Unit, Univ Coll. London