Stormont leaders told they could implement Daithi’s Law in one Assembly sitting

Stormont party leaders have been told that the return of the Assembly is the “quickest, most straightforward” path to passing a stalled 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.

Sinn Fein is drafting a motion to recall the Assembly in an attempt to elect a Speaker to progress the legislation.

Mr Heaton-Harris also raised the possibility of Stormont returning for this purpose with political leaders during round-table talks in Belfast on Thursday.

However, DUP leader Sir Jeffrey Donaldson responded to the Northern Ireland Secretary by saying he intends to submit an amendment to the Executive Formation Bill.

He said this amendment is designed to empower the Northern Ireland Secretary to enact the regulations required for the law.

While the other main parties support the election of a Speaker, the DUP, which is blocking the formation of an executive as part of its protest against the Northern Ireland Protocol, said that the legislation could be speedily passed at Westminster.

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 current political stalemate.

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

Last week, Mr Heaton-Harris told Daithi’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, seen by the PA news agency, the Cabinet minister said 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 Daithi 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.”

In a responding letter to Mr Heaton-Harris, which he shared on Twitter, Sir Jeffrey said that having met Daithi he is determined to help in terms of the legislation.

“As such, I hereby give notice that I will table an amendment in the House of Commons to the Northern Ireland (Executive Formation) Bill presented in the House of Commons today to grant you the power to lay regulations that will enable the necessary definitions to be given legal effect,” he wrote.

“There are clear precedents where such powers have been granted to your predecessors in similar legislation and I would therefore expect the Northern Ireland Office to facilitate this.

“Given that the House will meet on 22nd February to debate all stages of this Bill, I believe this is (the) best way to take forward the required legislation and achieve the right outcome.”

Following the round-table talks with Mr Heaton-Harris on Thursday, Sinn Fein vice president Michelle O’Neill said all the parties were prepared to elect a speaker to complete the legislation, apart from the DUP.

She said: “This is a law which we must get over the line. Little Daithi, as we speak, is in hospital receiving treatment. Of course, it is much bigger than little Daithi, it is about anyone who is waiting for an organ transplant.

“We have been making the case for some time that the DUP need to stop their boycott of the Assembly, get around the executive table and get this law over the line.

“The Secretary of State today advanced a proposal that we have been considering for some time. Elect a speaker and get this law completed.

“That’s all we need, a very short window to get this law completed.

“It was very clear that all other parties, bar the DUP, were prepared to do that.”

But DUP MLA Gordon Lyons said the legislation could be passed as an amendment to the Government’s Executive Formation Bill at Westminster.

He said: “It’s because this Conservative government supported the Northern Ireland protocol, that it made it impossible to get back into the Assembly and into the Executive.

“Now we have the Westminster Government that is going to be taking through the new Executive Formation Bill.

“There’s no reason why amendments cannot be added on to that bill, to make sure this could get through as quickly as possible.

“This has been done in the past on issues such as abortion and victims’ pensions.

“It has taken place in the past. There’s now a vehicle for which that can be can be done and it should be done again.”

It is not clear whether the scope of the Executive Formation Bill would be wide enough to include an amendment on organ donation.

It was announced this week that Daithi, 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.