Bill to bring clarity causes confusion as ministers immediately dispute what it means

The Executive Committee (Functions) Bill caused the biggest parliamentary rebellion in the DUP’s history over a provision which gives more power to individual ministers to take decisions.

But while concerns about that continue to reverberate within the DUP, another dispute has broken out around what another aspect of the bill means.

When Arlene Foster and Michelle O’Neill proposed the legislation, their central argument in favour of the bill – and their only argument as to why there was a need to use emergency provisions to rush the bill into law without proper scrutiny – was that there was a pressing need for clarity over the power for Infrastructure Minister Nichola Mallon to take major planning decisions.

The DUP and Sinn Fein claimed that those decisions can not currently be taken because of what they said was uncertainty stemming from the Court of Appeal judgment in the Buick case two years ago, but that once the bill passed then those decisions could be taken, thus helping to stimulate the economy if approval is given for each application.

However, Sinn Fein junior minister Declan Kearney – bafflingly – then demolished that argument in his closing speech just before MLAs voted on the bill on Tuesday afternoon.

Answering a question from Alliance MLA Andrew Muir, he said: “On his question as to whether planning issues can proceed prior to the amendment of the ministerial code, the answer to that is no. The ministerial code must be adjusted in order for the planning issues to proceed.”

Mr Kearney went on to say that this meant planning decisions may be taken by “the autumn and early winter”, questioning the entire basis for ramming the bill through now rather than properly scrutinising it.

Mr Kearney’s comments added to the concerns of those suspicious as to what was going on and were immediately picked up by one of the bill’s most vocal critics in the chamber, Jim Wells, who said that the junior minister had “let the cat out of the bag”.

However, yesterday Mrs Mallon’s department rejected Mr Kearney’s comments, telling the BBC that “once Royal Assent is received, then planning decisions can be taken by the DfI minister without referral” (to her Executive colleagues)”.

On Wednesday The News Letter asked The Executive Office if Mr Kearney stands over or retracts what he told the Assembly.

In a statement issued late that night, the department made clear that he stood over his advice – indicating that his comments reflect the considered view of the department, rather than an error by him.

It said: “The Ministerial Code will require amendment to incorporate the exemption from referral to the Executive of planning application decisions to be taken by the Minister for Infrastructure. This was accurately reflected in the Junior Minister’s comments. This amendment will be made as soon as possible when the Assembly returns.”