Key Facts

• The Petition of Concern was originally intended to scrutinize contested legislation against objective rights and quality standards.
• A special Ad Hoc Committee on Conformity with Equality Requirements was meant to review petitions but has never been established as intended.
• The New Decade, New Approach agreement aims to return the petition to its original purpose.
• Since November 2019, no petition of concern has been tabled.
• The St Andrews veto was used six times in the first 11 months of the current mandate, all by DUP Ministers.
• A provision in the ministerial code allows either the First or Deputy First Minister to veto agenda items for the Executive.
• This provision has been used to block various proposals including public health measures and welfare legislation.
• Graham Stringer reminds members that tea and coffee cannot be consumed during Committee hearings.
• Holder mentions the líofa decision in 2017 that cut an Irish language bursary scheme worth around £50,000.
• The decision to scrap trilingualism policies primarily by DUP departments destabilized power sharing.
• Single equality legislation and provisions against age discrimination for children are lacking in Northern Ireland's legal framework.
• The term 'caretaker Ministers' is not defined in the Bill's explanatory notes.
• The formation of an Executive Committee may change substantially after an election if there is a shift in party fortunes.
• Professor Tonge expresses comfort with the Bill’s provisions regarding civil servants’ ability to push back on inappropriate requests during caretaker Administrations.
• The petition of concern was used extensively from 2011 to 2016.
• During this period, about 70 Bills were passed by the Assembly.
• From 2011 to 2016, approximately 86 petitions of concern were tabled by Unionist parties and 29 by Sinn Féin and the SDLP across 14 Bills.
• The Bill aims to make it more difficult for parties to use petitions of concern.
• Petitions of concern should be used only as a last resort for the benefit of the entire community, not just communal interests.
• The caretaker Administration may face legal challenges in taking significant or controversial decisions during periods without First Ministers.
• The Belfast agreement established a safeguard through the petition of concern to ensure all sections of the community can participate in institutions.
• A special procedure committee must be convened when a petition of concern is tabled, unless there is a cross-community vote to the contrary.
• The original intention was for petitions of concern to be linked to objective equality requirements rather than subjective political vetoes.
• The witnesses discuss potential vetoes and delays in implementing Irish language legislation.
• Former special adviser Lilah Howson-Smith describes the real-life impacts of a non-functioning Executive on public services, including long waiting lists in health care and overall stasis in education.
• Stringer thanks the Committee's witnesses for their contributions.
• The Bill introduces sustainability measures giving Ministers more time to resolve issues before elections.
• There is a 14-day cooling-off period for petitions of concern.
• The petition of concern cannot be used on Second Reading votes or standards motions.
• There are no statutory limitations preventing the misuse of powers available to caretaker Ministers.
• The Bill aims to provide additional flexibility in forming the Executive and avoid situations where an Executive is not formed for a long period.
• Concerns exist about petitions of concern being used on Bills related to border legislation compliant with human rights.