Daithi's Law: Unionists ask Sinn Fein if it will end its Westminster boycott to help push organ donor law through

Both the DUP and TUV made the same point in response to pressure on them from nationalist parties and the Alliance to help revive the moribund Stormont Assembly so that Daithi’s Law can pass.

The DUP has been boycotting Stormont for just over a year now in protest against the NI Protocol.

Daithi’s Law – named after six-year-old Belfast heart transplant candidate Daithi Mac Gabhann – aims to increase the pool of organ donors.

It will do this by replacing the current system where a person must opt-in to being a donor with one where people are automatically assumed to be donors, but can opt-out if they wish.

Stormont passed a bill last year laying the groundwork for the new law, but in order to pass it via Stormont MLAs must come together and vote through some further technical details.

For this reason, Stormont is being recalled tomorrow (Tuesday).

But no business will actually get done, because the DUP will refuse to nominate a new speaker or any deputies – a pre-requisite for a sitting to take place – due to its Protocol protest.

The reason for this is because, once a speaker and deputies are elected, even if they quit immediately after dealing with Daithi’s Bill, the rules governing how the Assembly works mean that it can continue to meet again and again thereafter.

In other words, a supposedly one-off revival of Stormont would actually open the door to a general return of the Assembly.

Daithi’s Law has wide cross-party support, including nationalist and unionist factions of the Assembly.

However, the three main unionist parties have all said that the law on organ donations can be changed by the Tory government in Westminster, without needing to involve the Assembly – as has already happened with abortion and an Irish language act.

The Tory government meanwhile insists the Assembly route is quicker (although in a further complication it emerged today that even once the new law is on the statute books, the Department of Health says it needs three months before it can be activated).

••• DUP VIEWPOINT •••

Despite DUP MLA and former First MInister Paul Givan saying last week that the party was holding a meeting today to decide whether or not to elect a speaker, a statement on Friday from leader Sir Jeffrey Donaldson made clear that the DUP will categorically not be doing so.

And as it turned out, no such meeting took place today.

In a message to his party colleagues setting out the position, Sir Jeffrey re-stated his belief that Daithi’s Law was being used by some politicans as “blackmail for the return of devolution”.

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

“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.

"The DUP is representing its electorate and there will be no return to a fully functioning Stormont without unionists.”

The comparison is far from exact, however; the DUP’s boycott of Stormont ensures it does not function, whilst the House of Commons functions regardless of whether Sinn Fein’s seven MPs sit in it.

And in a statement today the party’s Protocol spokesman Gordon Lyons said: “Tuesday’s sitting will be the fifth time the NI Assembly has been recalled since last year’s election.

"On each of the four previous occasions those who submitted the recall petition knew in advance that a speaker would not be elected and those bringing MLAs to Stormont once again know the outcome will be the same.

"Warnings that devolution and the Protocol were incompatible were ignored by many of the same parties who now feign surprise that the DUP continues to be guided by our mandate.”

••• TUV VIEWPOINT •••

Jim Allister, who backs the DUP’s Stormont boycott, said this in a statement today: “The Supreme Court told us last week that the Protocol is superior to the Union.

"It has trumped Article 6 in terms of free and unfettered trade in goods. In words of the Supreme Court Article 6 is ‘in suspension’.

"That is why to go back into the Assembly and permit it to operate and have Executive Ministers of necessity requires you to implement the Protocol. That is intolerable.

“In terms of the Daithi’s Law situation, the passing of this law should take place in the in operative legislature, Westminster.

"The Secretary of State should cease his political blackmailing and get on with doing so. If Sinn Fein are so exercised about the issue let their MPs take their seats at Westminster and help it through.”

••• UUP VIEWPOINT •••

Ulster Unionist leader Doug Beattie meanwhile said: “I don’t believe the sitting of the Assembly will achieve anything other than straining relations further.

"The UUP will be there, but we know that the DUP will not allow a speaker to be elected and business will conclude.

"So, the onus is still on the Secretary of State to act to prevent further delay to the organ donation legislation.

“I find this situation deeply frustrating. We are seeing issues now starting to pile up while Stormont remains idle.

"The impact this will have in people’s everyday lives will only grow. We need to see devolution restored urgently.

“I remain in disagreement with the DUP that the Protocol is best dealt with by boycotting Stormont.

"We need to see the Protocol replaced as it also has a growing impact in people’s everyday lives and on Northern Ireland’s place within the United Kingdom.

"But I do not think Unionism is stronger for allowing the same people who agreed to the Protocol to negotiate over our heads.

"We would be better for having Unionist MLAs and ministers using the platform the Assembly and Executive provides to put pressure on the government.”

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