Why did a no confidence motion in Paul Givan fail, despite being supported by a majority of MLAs?

2.1.3 – The role and powers of devolved bodies in the UK, and the impact of this devolution on the UK

The motion of no confidence in the Northern Ireland Minister for Education, Paul Givan, was backed by 47 of the 90 MLAs in the NI Assembly on Monday. However, Northern Ireland’s unique cross-community voting arrangements means that the motion was deemed to have failed. The motion was introduced following a trip made by Paul Givan to Israel as part of a unionist delegation, and covered by his department’s social media channels.

Under the Assembly’s rules, a majority of both unionists and nationalists had to support the motion, as well as a majority of MLAs overall. In the case of Paul Givan, the vote was as follows:

Upon election to the Assembly, MLAs are required to designate themselves as ‘unionist’ (in favour of remaining in the United Kingdom), ‘nationalist’ (in favour of a united Ireland), or ‘other’ (having no stated view on the Union).

The mechanism of needing the support of both main communities in Northern Ireland is a key feature of Northern Ireland’s devolution settlement, as agreed to during the Good Friday Agreement negotiations, and endorsed by the people in a referendum. Its purpose is to ensure that one community cannot be forced into things against its will. This is important because of Northern Ireland’s status as a deeply divided society, with significant political and ethnic tensions about the state’s very existence and its future.

In addition to certain matters which always require cross-community support (such as the election of the Speaker), MLAs can trigger a cross-community vote by submitting a Petition of Concern, which requires the backing of 30 MLAs. Changes to the system in 2022 have meant that the 30 signatories cannot all be from the same party. Prior to this, however, it was possible for one party with 30 MLAs to trigger a Petition of Concern unilaterally. In 2007, the DUP won 36 seats. As this constituted a majority of all unionist seats, this effectively gave the party a veto over all matters coming before the Assembly. This allowed the party to block various social measures that it opposed, such as same-sex marriage and abortion, from being enacted. These issues were only legislated for in Northern Ireland during a period of direct rule after the Assembly had been suspended.

When the size of the Assembly was reduced from 108 to 90 MLAs there was some speculation that the number of signatures required to trigger a Petition of Concern would also be reduced. However, it remained at 30. This, combined with other restrictions in the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022, has contributed to fewer Petitions of Concern have been used in recent years.

Critics of the Petition of Concern point to the fact that it is undemocratic for a minority of MLAs to be able to block measures supported by the majority. It is also criticised for effectively ignoring the views of ‘other’ MLAs (constituting 18 of the 90 MLAs), whose objection is not considered in the cross-community counting. However, it is also accepted that the mechanism played an important part in ensuring buy-in for the Assembly from all sides during the peace negotiations in the late 1990s, as it was a way of ensuring that one community could not force its will on the other. This was a particular concern for nationalists who were fewer in number in 1998. Some also had memories of the old Northern Ireland Parliament (1921-1972), where unionists enjoyed a monopoly on power throughout its existence, leaving nationalists feeling alienated from the political process, and contributing to the outbreak of the Troubles in the late 1960s.

As a consociational democracy – one that is based on power-sharing between different communities – devolution in Northern Ireland has several features that make it different from Scotland and Wales. The First and deputy First Ministers (one of whom must be a nationalist and the other a unionist) are effectively joint office holders with equal status. The executive currently comprises of four parties, and all parties with sufficient seats are eligible to participate in the executive. This differs from the usual post-election coalition building process, where like-minded parties will explore the feasibility of a coalition on a voluntary basis, as happened in Scotland in 1999 when Labour and the Lib Dems formed a coalition government, or the more recent arrangement between the SNP and the Scottish Greens.

Northern Ireland is, therefore, a place apart in many respects. This means that making comparisons between Northern Ireland and other devolved regions can be slightly misleading. However, it is the unique arrangements in place that has allowed devolution to function and contributed to peace and stability in the region over the past 30 years. Whilst Paul Givan avoided censure despite a majority of MLAs supporting a motion of no confidence (whose backers included MLAs sat in the Executive with him), the devolution settlement in Northern Ireland does mean that decisions pertaining to Northern Ireland are made in Belfast rather than London, and by an executive made up of the most popular parties in Northern Ireland, rather than by Labour – who do not even contest elections in Northern Ireland – or by the Conservatives – who received just 254 votes in the 2022 Assembly election.