Statement by TUV leader Jim Allister:-
“Minister McCausland within a fortnight is found guilty of deliberately misleading his Assembly Committee and has now been proven to have propagated damaging and false allegations against four employers, and, yet, under the toothless Ministerial Code, supposedly governing his conduct, he can arrogantly thumb his nose at all concerned and carry on regardless. Yet, another illustration of the shambolic arrangements at Stormont.
“The Ministerial Code binds ministers to “conduct their dealings with the public in an open and RESPONSIBLE way”. Who would dare to suggest peddling false allegations in the Assembly about £18m overcharging by four named contractors was anything other than grossly irresponsible, especially when NIHE had delivered the figures with a caveat. It was the minister and the minister alone who decided to use Assembly privilege to promote this calumny against the four firms. He can’t blame NIHE or anyone else for that. At best he was grossly irresponsible and thus patently in breach of the Ministerial Code.
“But in Stormont terms the response is “so what”, because the Code provides no remedy or discipline when it is breached. I established this over two years ago with these relevant Assembly Questions to OFMDFM:-
Q 13425/11-15:
To ask the First Minister and deputy First Minister what mechanisms exist to deal with alleged breaches of the Ministerial Code, including how they are investigated and by whom.
To ask the First Minister and deputy First Minister what mechanisms exist to deal with alleged breaches of the Ministerial Code, including how they are investigated and by whom.
A: The Ministerial Code does not specify any procedure to be followed in relation to the investigation or determination of breaches of the Ministerial Code, nor does it assign any role to us in the matter. Section 28A of the Northern Ireland Act 1998 requires Ministers to act in accordance with the provisions of the Ministerial Code and any alleged breach of the Code could be decided as a matter of law.
In addition, the Northern Ireland Act makes provision for failure by a Minister to observe the terms of the Pledge of Office to be the subject of a motion for a resolution of the Assembly. Such a motion can be moved jointly by us, or by an MLA with the support of 29 other Members.
“Though, technically, there could be discipline by way of an Assembly motion the reality of life in Stormont is that a DUP Petition of Concern would block it, meaning DUP and Sinn Fein Ministers are immune from adverse action, no matter what they do!
“When I then invited OFMDFM to consider addressing this lacuna, the response was predictably negative:
Q 13426/11-15:
To ask the First Minister and deputy First Minister whether they have any plans to review the mechanisms that exist to deal with alleged breaches of the Ministerial Code.
To ask the First Minister and deputy First Minister whether they have any plans to review the mechanisms that exist to deal with alleged breaches of the Ministerial Code.
A: We have no plans for such a review. Apart from the courts, the ultimate authority for breaches of the Ministerial Code resides with Members and the Assembly.
“So, bottom line is that in Stormont DUP and Sinn Fein ministers have carte blanche to do as they please.
“The only potential remedy might lie in a citizen seeking a declaration in the High Court that a minister has breached the ministerial code. But this is not how things should be in a supposedly accountable democracy.”