TUV leader Jim Allister was yesterday prevented from tabling an urgent oral question in the Assembly after being told that not a single one of four ministers were available to come to the Assembly.
Mr Allister wanted to ask Peter Robinson and Martin McGuinness’s office whether they retained confidence in the Attorney General, John Larkin, in light of the case which he is bringing against Peter Hain.
However, the North Antrim MLA was told by the Assembly’s business office that, despite submitting the question by 10.30am as stipulated in the Assembly’s Standing Orders, it could not be tabled because none of the four ministers in the Office of the First Minister and Deputy First Minister (OFMDFM) were “available”.
The Assembly only meets in full session twice a week. Yesterday it met at noon and sat for less than four hours.
Mr Allister raised a point of order with Speaker Willie Hay.
“I sought to table such a question this morning before 10.30am to the Office of the First Minister and Deputy First Minister to ask if they retained confidence in the Attorney General.
“I was then informed by the Business Office that the question would not be taken, not because you had ruled that it was not urgent, but because OFMDFM claimed to be unable to provide a minister.
“Standing Order 20A sets two criteria for admissibility. The question must be submitted before 10.30am and the ministers or department must be given a minimum of four hours’ notice.
“Nowhere does it suggest that a minister can simply say that they are not available. There are four ministers in OFMDFM.”
Mr Hay replied: “The member will know that there is a clear convention around that issue. We normally check first to make sure that a minister is available.
“On this occasion, a minister was not available. If ministers are not available to come to the House to answer the question for oral answer, we have to look at a different situation. I would have thought that the member understood that.
“It has been practised over and over again. I suggest to the member that he might resubmit his question for oral answer. I think that might be useful to the member.”
DUP MLA Paul Givan also questioned why, when he had tabled an oral question to Justice Minister David Ford and got a response to say that he would not be answering it, Mr Ford then commented on the issue in media interviews.
Mr Hay said that he was unaware of him having submitted an oral question to the minister and said that he would “reflect” on the issue.
When asked whether ministers could simply say they were unavailable to avoid answering urgent oral questions in the Assembly, a spokesperson for the Assembly said: “A decision on a question for urgent oral answer is made by the Speaker based on various issues under Standing Orders, including its urgency, the importance of the matter, and the notice given to the relevant minister.
“Availability is a practical consideration which has to be taken into account.
“From time to time ministers may not be available due to other pressing ministerial commitments (eg a visit abroad). In those circumstances, members can use other routes such as a question for priority written answer to get the information.
“Ministers do give priority to their responsibilities in the chamber and it is not therefore common that ministers would be unable to take an urgent question.”