A High Court Judge ruled yesterday that approving a new £240m waste incinerator on the outskirts of north Belfast without a minister being in post was unlawful.
Welcoming the ruling, former Departmental Minister Mark H Durkan MLA said it brings into question the validity and legality for a number of decisions that have been made in the absence of devolved structures.
The SDLP MLA commented: “I am delighted that the concerns of residents have now been vindicated. However, this judgement poses serious questions about decisions being taken in the absence of a government.
"This is a hugely significant judgement, particularly given that the Judge recognised that the decision by the Department “went against the premises of the devolved institutions”.
"The question for all of us now - must be how we move forward. The SDLP will be seeking an urgent meeting with the Head of the Civil Service to determine how he intends to instruct future decision making across the civil service. There are big questions for how things function here - both the British Government and the Irish Government should heed this judgement carefully as it underscores the urgency for restoration of local, accountable governance.
"The judgement calls into question the validity of any decisions made in the absence of an Assembly. Time is up on political drift - both the British and Irish Governments must now immediately convene the British Irish Intergovernmental Conference to clear the decks and get Stormont back to work."
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