{"id":22899,"date":"2022-04-28T14:53:21","date_gmt":"2022-04-28T14:53:21","guid":{"rendered":"https:\/\/factcheckni.org\/?p=22899"},"modified":"2022-05-10T19:00:09","modified_gmt":"2022-05-10T19:00:09","slug":"did-the-early-collapse-of-the-executive-leave-334m-public-money-sitting-on-a-shelf%ef%bf%bc","status":"publish","type":"post","link":"https:\/\/factcheckni.org\/topics\/economy\/did-the-early-collapse-of-the-executive-leave-334m-public-money-sitting-on-a-shelf%ef%bf%bc\/","title":{"rendered":"Did the early collapse of the Executive leave \u00a3334m public money sitting on a shelf?"},"content":{"rendered":"\n
Sinn Fein\u2019s manifesto for the 2022 Assembly election<\/a> claims: \u201cUnfortunately, as a result of the DUP\u2019s collapse of the Executive there remains \u00a3334 million in unallocated funds which could have gone to alleviating some of the pressures facing workers and families.\u201d<\/p>\n\n\n\n This is correct, with some provisos. At least \u00a3334m in unallocated money for 2022-23 exists, which could be used to combat the cost-of-living crisis – or spent elsewhere – were an Executive in place.<\/p>\n\n\n\n While some extraordinary measures to free up the cash without an Executive in place have been suggested, none of these has clear or confident legal standing.<\/p>\n\n\n\n Context<\/strong><\/p>\n\n\n\n On 3rd February 2022, the DUP’s Paul Givan resigned<\/a> as First Minister, stating this was because of his party’s opposition to the Northern Ireland Protocol.<\/p>\n\n\n\n Although other departmental ministers remained in place, this collapsed the Executive, meaning no new significant decisions could be made by government. This includes any major new spending allocations.<\/p>\n\n\n\n But where does the \u00a3334m figure come from?<\/p>\n\n\n\n Numbers<\/strong><\/p>\n\n\n\n In a Ministerial Statement to the Northern Ireland Assembly on 15th February 2022<\/a>, Finance Minister Conor Murphy said \u00a3300m of money available for 2022\/23 had not yet been allocated. This came from:<\/p>\n\n\n\n After the UK government’s Spring Statement<\/a> on 23rd March 2022, an additional \u00a334m<\/a> was announced as an expected Barnett consequential<\/a> for NI, resulting from a VAT relief scheme to install energy saving materials \u2013 bringing the total to \u00a3334m.<\/p>\n\n\n\n Note that further Barnett consequentials may also be due, including \u00a314m<\/a> resulting from a Household Support Fund in England.<\/p>\n\n\n\n Process<\/strong><\/p>\n\n\n\n Section 64 of the Northern Ireland Act<\/a> 1998 states that draft budgets must be agreed by an Executive, which then are then brought to the Assembly for approval.<\/p>\n\n\n\n When no Executive is in place, this cannot happen, although there are various procedures in place to ensure that a baseline of funding continues, such as with rollover budgets – where the previous year\u2019s finances are used as the basis for further spending, with little wriggle room for adjusting allocations.<\/p>\n\n\n\n A previous Stormont government was collapsed by Sinn Fein in 2017. This collapse lasted three years and, during that time, the Secretary of State set three single-year budgets.<\/a><\/p>\n\n\n\n During this time there were no Departmental Ministers, and the Northern Ireland Civil Service was responsible for the day-to-day running<\/a> of Northern Ireland, with powers to \u201ckeep things ticking over\u201d<\/a> but not for strategic policy-making.<\/p>\n\n\n\n At the time the Executive was collapsed in February 2022, no budget had been agreed for 2022-23.<\/p>\n\n\n\n Legal advice<\/strong><\/p>\n\n\n\n When the Executive dissolved the Finance Minister took legal advice<\/a> from the Stormont legal service, the Departmental Solicitor\u2019s Office, and from the Attorney General. None of that advice is public.<\/p>\n\n\n\n The Minister then said<\/a> that, on the basis of that advice, he had concluded new spending allocations could not be made without an Executive – and thus the money would remain unspent.<\/p>\n\n\n\n In March, the SDLP proposed an emergency Private Member\u2019s Bill<\/a> to release the funding but then said they were told by the Speaker<\/a> (Sinn Fein\u2019s Alex Maskey) that, following legal advice to his office, the bill was \u201coutwith the legislative competence of the Northern Ireland Assembly.\u201d<\/p>\n\n\n\n But is there another way?<\/strong><\/p>\n\n\n\n Following Executive approval, per section 64 of the Northern Ireland Act 1998<\/a>, budgets are then brought to the Assembly for approval. The pieces of legislation<\/a> that authorise releasing the money are the Northern Ireland Estimates<\/a>, the Vote on Account, and the Budget Bills.<\/p>\n\n\n\n Early in the pandemic, an extraordinary second Vote on Account<\/a> was used to release emergency Covid-19 funds without recourse to the usual Executive processes and sign off.<\/p>\n\n\n\n