DUP will not aid Stormont return but will push for Daithi’s Law to be passed in House of Commons

The recall, which was triggered by a petition from Sinn Fein which gained the necessary 30 signatures, is in order to debate amendments to Daithi’s Law on opt-out organ donation.

It had been reported by some media outlets that the DUP would meet on Monday to debate their position on electing a speaker however Sir Jeffrey has issued a statement that the DUP’s position is set in stone and questioned whether Sinn Fein would take their seats at Westminster to pass the law.

He said that his party would not be "blackmailed” into returning to Stormont, explaining that instead they would tabling a bill to allow Secretary of State Chris Heaton-Harris to implement the necessary legislation surrounding Daithi’s Law.

Sir Jeffrey said: "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.

"Just like the £600 energy payments, Daithí’s Law will be put in place and probably within the timescale originally envisaged.

"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.”

Daithí's Law was passed in the assembly last February but additional legislation is required to specify which organs and tissues are covered under the opt-out system.

The DUP leader added: "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. It is 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.”

Of his party’s battle against the Northern Ireland Protocol he said: “The legal challenge to the Protocol is a welcome example of different strands within unionism coming together in recognition of the constitutional and political harm caused by the Protocol. It represents an existential threat to the future of Northern Ireland’s place within the Union. The longer this pertains, the more it will harm the Union itself.

"A solution to the Protocol was never going to be found in the courts. The Supreme Court has however helped clarify and crystalise the damage which was identified by those who brought this case.”

He added: “I warned more than 18 months ago that the Protocol was incompatible with devolution and set out the actions we were going to take. The situation we are in today was entirely predictable, yet many seemed to deliberately ignore these warnings.

"Following the Supreme Court ruling the Secretary of State has said ‘things need to change’. He must recognise that there will be no solid basis for an Executive and Assembly until the Protocol is replaced with arrangements that restore Northern Ireland’s place within the UK internal market and our constitutional position is restored.”

The DUP have the support of fellow unionist party the TUV in their Stormont boycott.

Speaking at the party annual fundraising dinner at the weekend, leader Jim Allister said said the Supreme Court determination that a key portion of Article 6 of the Acts of Union is in suspension, because the Protocol overrides it, leaves no room for doubt as to the constitutional crisis we now face.

He commented: “The Union has two key components. It is a political union with one sovereign parliament, as established by the Acts of Union, and it is an economic union, as established by Article 6. Art 6 guaranteed unfettered trade between and within all parts of the UK by reason of a common customs zone and single market.

“Now, the highest court in the land has decreed that the Protocol trumps Article 6 and that its guarantee of unfettered trade in goods from GB to NI is in suspension because the Protocol places our trade in goods under foreign EU law and customs rules. It doesn’t get more Union-dismantling than that.

“The Union as established in this key trading dimension for over 200 years is gone. That is not a challenge it is a crisis.

“When allied with the fact that NI is now subject to the laws of a foreign legislature, the reality of constitutional change is undeniable. Yet, the Supreme Court confirms such salami slicing of the Union is lawful and unaided by the supposed protection of the Belfast Agreement principle of constitutional change only with consent. The much relied upon ‘consent principle’ in the Belfast Agreement has proved to be a fraud and a deceit."

He added: “Faced with such dismantling of the Union, Unionists, more than ever, must use the political leverage to hand. That means that so long as key parts of the Acts of Union are in suspension, then so too is Stormont. To operate Stormont now is to operate the Protocol, implement the Irish Sea border and meekly accept the suspension of the very foundation of the Union.

“No unionist can do that and none now can pretend anything short of the full restoration of the Acts of Union is capable of reactivating Stormont. This is the common ground which should unite all unionists. I trust it does.”

The UUP told the News Letter at the end of last week: “If Stormont is recalled we will be there, but we think for the issue to be dealt with now then the Secretary of State needs to act at Westminster.”