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ÃÛÑ¿´«Ã½ BLOGS - The Devenport Diaries

Archives for October 16, 2007

Ultra Vires?

Mark Devenport | 15:33 UK time, Tuesday, 16 October 2007

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Which means "beyond the power". That's how Peter Robinson alleged Margaret Ritchie acted when she cut the UDA- linked Conflict Transformation Initiative this afternoon. On Stormont Live we watched as Ms Ritchie talked about not placing the law breaker above the law abiding. She also told MLAs about the personal pressure she has been under and what she described as "a sustained campaign of briefing against me".

But no sooner had she taken her seat than Mr Robinson was on his feet, expressing criticism of the UDA but claiming that Ms Ritchie had ignored the government's own lawyers in cutting the contract. He claimed Ms Ritchie may have broken her pledge of office and the ministerial code.

The proceedings were suspended amidst some disarray, whilst the Speaker sought legal advice. As I write the debate on the matter has just resumed and the temperature has not cooled down.

Brits In

Mark Devenport | 11:07 UK time, Tuesday, 16 October 2007

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So Edwin Poots, as predicted, has brought the proposed Irish language act to a shuddering halt. That's despite 65% of those who responded to his department's consultation telling the minister they wanted the legislation. Mr Poots claims passing the law could have incurred the Northern Ireland Civil Service costs of £291 million over the next ten years, a cost he won't contemplate.

Gerry Adams reckons this figure is spurious and the move breaks commitments the DUP made in the St. Andrews' Agreement - something the DUP rejects. The Sinn Fein President also asked the minister to accept that the act would be passed one way or another.

This is a reference to Sinn Fein's view that if the Assembly won't pass the act, then Westminster must do so. This line of argument prompted some taunts from the unionist benches that Sinn Fein has switched from "Brits Out" to "Brits In".

So can Westminster pick up the baton, given that cultural matters have already been devolved? Informed sources say it's constitutionally possible, but would be highly unusual. Westminster has legislated on some devolved matters in Scotland using what are known as Sewel motions.

However the Assembly would, as I understand it, have to consent to the use of a Sewel motion. Given the mood amongst unionists there is no way that is going to happen.

So when Gerry Adams goes off to meet Shaun Woodward will he be pursuing a lost cause? Maybe, but of course there are some matters which are not yet devolved, for example, telecommunications and criminal justice, both of which can involve language issues.

So could we see the Secretary of State consulting on a Justice (Irish Language) Bill? Well I suppose it depends how long the DUP takes to agree to the transfer of policing and justice powers...

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