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Northern Ireland Office minister Lord Caine said in the “unfortunate circumstance” the devolved institutions were still not up and running when any appointment was made, then it would fall to the UK administration to ratify the chosen candidate. The Tory frontbencher pointed out this had happened back in 2019 for the appointment of the chief constable Simon Byrne, who quit amid controversy this week.

Mr Byrne’s resignation was announced on Monday following a series of rows, including a data breach which revealed personal details of officers and staff, and a critical High Court judgment which said the disciplining of two officers following an arrest at a Troubles memorial event in Belfast in 2021 was unlawful. The turmoil has led to renewed calls at Westminster for the reestablishment of the executive and assembly, as it was warned people in the region “continued to be let down by the failure of their elected politicians”. There have been no functioning devolved institutions since last year when the DUP withdrew from the powersharing arrangements in protest over the post-Brexit trading arrangements for Northern Ireland. Despite efforts to resolve difficulties caused by the Northern Ireland Protocol, the DUP has said its concerns must be met before it returns to government.

Responding to questions in the House of Lords on the major Police Service of Northern Ireland (PSNI) data breach, Lord Caine said the appointment of a new top officer was a matter for the region’s policing board. He said: “I am sure that they will wish to seek a resolution to this issue very quickly. What is important is that the PSNI has strong leadership restored as quickly as possible. It is within their power to appoint an interim chief constable while the formal recruitment process is ongoing.”

Lord Caine added: “In the unfortunate circumstance that the appointment be made before the executive is reestablished we would have to take powers for the (UK) Government to ratify any appointment that would normally be ratified by the justice minister, which is something that happened back in 2019 when the outgoing chief constable was appointed and there was no executive and assembly functioning.”

Tory grandee Lord Cormack, who as an MP chaired the Northern Ireland Affairs select committee, said: “It really is essential that the executive is reestablished. It really is absolutely essential that the people of Northern Ireland are not continued to be let down by the failure of their elected politicians.”

Lord Caine said: “I completely agree that the imperative is to restore the executive, to get the institutions… fully functioning, up and running at the earliest opportunity. The Secretary of State and the entire ministerial team are focused on that outcome.”

Liberal Democrat Lord Bruce of Bennachie said: “We cannot go on kicking things backwards and forwards between Westminster and a non-existent assembly or executive. Those people who are blockading the reestablishment of the assembly are actually preventing the very issues they are raising concerns about from being resolved in a proper fashion using the devolved administration that was created for the purpose.”

Lord Caine said: “We need an executive back in Northern Ireland as quickly as possible. We are doing everything we can to bring about that. That would obviously include the appointment of a justice minister within the department who could give political direction.”

Stormont vacuum means London would have to approve new PSNI chief constable, says NIO minister Lord Caine