Northern Ireland

Deadlock between DUP and Sinn Féin threatens to scupper Casement Park plans

Casement Park in west Belfast. Picture by Hugh Russell
Casement Park in west Belfast. Picture by Hugh Russell Casement Park in west Belfast. Picture by Hugh Russell

CONTINUED deadlock at the heart of the Stormont executive is threatening to the development of Casement Park and other major projects.

A wrangle between the DUP and Sinn Féin over the legislation that last year sparked an internal party rebellion against Arlene Foster last year could see many big planning decisions overturned in the courts.

The latest challenge to building Antrim GAA’s 34,500-seat stadium in the heart of west Belfast cites failure to “amend the ministerial code to provide legal certainty for planning decisions”.

Stormont’s two largest parties have been urged to stop “dithering” and resolve their differences over fully implementing the Executive Committee (Functions) Act (Northern Ireland) 2020. However, back-peddling by the new DUP leadership has led to a stand-off.

Among those driving the DUP’s change of heart is special adviser Richard Bullick, whose criticism of Mrs Foster at the time the legislation was moving through the assembly led 11 of her MLAs to rebel. It was the catalyst for the later heave against the then DUP leader.

The legislation was initially intended to address the executive’s role in planning matters but became more far-reaching, limiting the circumstances under which issues could be regarded as cross-cutting.

Mr Bullick, an aide to First Minister Paul Givan, was working in the private sector when he criticised the direction taken by Mrs Foster last year. However, his concerns are shared by DUP’s current leadership now that he is reinstated as part of the party’s backroom staff at Stormont.

Whereas Sinn Féin supports the amending the ministerial code in full, The Irish News understands DUP is only willing to change the elements relating to planning matters and is refusing to sign-up to the cross-cutting measures, which critics previously characterised as a “rewriting the St Andrews Agreement”.

The failure by the two parties to agree has led to months of deadlock.

Mr Bullick has declined to comment. When asked to provide an update on planned amendments to the code, an Executive Office statement simply said “work is ongoing”.

In October, the judge hearing a legal challenge against the North-South Interconnector described the mismatch between legislation and the ministerial code as "somewhat of a mess".

Mr Justice Scoffield accepted that Minister for Infrastructure Nichola Mallon breached her obligations under the current version of the code by approving planning for the cross-border power line but did not quash the application on the basis that she kept her executive colleagues informed about her course of action.

However, it cannot be assumed the potentially more controversial Casement Park application will receive a similar waiver from the courts, placing additional uncertainty over a project that is already facing funding difficulties.

In November, in response to a question from SDLP MLA Dolores Kelly about the interconnector judgment and plans to amend ministerial code, Mr Givan said he was “awaiting final sign-off in the executive” but hoped to bring a submission to ministerial colleagues “as soon as possible”.

Mrs Kelly told The Irish News that the DUP and Sinn Féin had publicly committed to amending the ministerial code and that October’s High Court ruling placed an obligation on them both.

“It’s incredible to me that even when they agree, they still find a way to disagree and delay,” she said.

“I have raised my concerns directly with the first minister, it’s time they stopped dithering and got this over the line.”