Stormont crisis: Dáithí's Law family disappointed by DUP recall move

Dáithí Mac Gabhann's family want the law changed to help transplant patients

The father of a boy who needs a heart transplant has expressed disappointment in the Democratic Unionist Party (DUP) after it said it would block an assembly Speaker election on Tuesday.

Assembly members had planned to meet to pass a new law on organ donation.

DUP leader Sir Jeffrey Donaldson wrote to party members at the weekend to confirm his party's move.

Dáithí's Mac Gabhann's father Máirtín said an "opportunity" will be missed due to the DUP's action.

The Northern Ireland secretary said that amending legislation in Westminster is unlikely because of the narrow scope of the bill.

Chris Heaton-Harris again urged the parties to reform the Northern Ireland Assembly because "people in Northern Ireland expect and deserve the devolved institutions to be functioning fully".

Assembly members had been urged to take their seats on Tuesday to elect a Speaker and implement a new "opt-out" organ donation law inspired by Dáithí.

However, the DUP is continuing its year-long boycott of power-sharing at Stormont in protest of the Northern Ireland Protocol.

'Blackmail'

The DUP has said the legislation can be dealt with at Westminster, but Mr Mac Gabhann said time is not on his family's side.

"It's going to have to be Westminster, but again that's another few weeks of uncertainties and it's weeks that we don't have really," he told BBC News NI's Talkback programme.

As the political deadlock continues, Mr Mac Gabhann said that speaking to political parties, "I keep hearing the word possibility, could, would - you know - I need more than that, I need guarantees at this stage".

In his letter on Saturday, first reported by the PA news agency, Sir Jeffrey accused others of using the law to "blackmail" his party to return to power-sharing.

Sir Jeffrey Donaldson wrote to DUP members over the weekend to make his party's position clear

"We will not be nominating a Speaker on Tuesday," Sir Jeffrey wrote. "Westminster is sovereign and can resolve the issue quickly."

The DUP leader also criticised Sinn Féin for what he called the party's "false outrage" over the issue.

"Given Sinn Féin's politicking on the matter, let's see if they take their seats in Westminster to help pass this law in the House of Commons. We won't hold our breath."

A Sinn Féin motion to recall the assembly received support from the Alliance Party and People Before Profit.

If a Speaker is not elected, the organ donation legislation will not be passed on Tuesday.

Pat Sheehan said there was uncertainty about whether Westminster could pass the law

In response to DUP's decision not to nominate a Speaker, Sinn Féin's Pat Sheehan said: "That's disappointing… the most disappointment I think will be felt by the families who are dependent on these regulations being passed".

Speaking to Good Morning Ulster, he said if the assembly cannot put forward legislation, "there is some uncertainty about the procedure in Westminster".

"First of all, Jeffrey [Donaldson] can't even bring forward an amendment until next week and there's no certainty around whether the Speaker [at Westminster] will accept an amendment," he said.

Social Democratic and Labour Party assembly member Colin McGrath said the legislation would help people that are on the organ donation list in Northern Ireland, adding that if no Speaker is nominated, "there's a chance that some of them won't make it".

Alliance Party MLA Paula Bradshaw said the DUP "needs to stop playing games with people's lives", while Mike Nesbitt, of the Ulster Unionist Party, told The Nolan Show that Tuesday's assembly session could descend into "mudslinging".

Traditional Unionist Voice leader Jim Allister also told the programme the passing of the law should be up to Westminster.

Dáithí MacGabhann on the steps of Stormont after the bill passed last year

The DUP has repeatedly blocked the election of a new Stormont Speaker as part of its protest over the Northern Ireland Protocol - a set of post-Brexit trade rules which introduced new checks on goods moving between Great Britain and Northern Ireland.

The assembly cannot carry out its business or pass any new laws without a Speaker in post.

The Organ and Consent Bill - also known as Dáithí's Law - would mean that all adults in Northern Ireland would be considered as a potential organ donor after their death, unless they specifically stated otherwise.

Northern Ireland is the only part of the UK where an "opt-out" organ donation system is not in place.

Dáithí's Law was introduced in the Northern Ireland Assembly in 2021 and passed its final stage in the assembly in February 2022.

However, additional legislation is needed to specify which organs and tissues are covered under the opt-out system and for that assembly members would have to take their seats.

Last week, Northern Ireland Secretary Chris Heaton-Harris said a proposal to take the legislation through Westminster instead of Stormont would take too long to complete and he urged assembly members to resolve the issue themselves.