Carla Lockhart unveils plan to automatically remove ministers from office if convicted of certain crimes

Upper Bann MP Carla Lockhart has unveiled a detailed package of proposals designed to strengthen accountability at Stormont, including legislation that would automatically remove ministers from office if they are convicted of certain criminal offences or found by the courts to have breached their Pledge of Office.

The proposals come at a significant moment in Northern Ireland politics, with Ms Lockhart having only recently resigned from the Democratic Unionist Party to sit as an independent unionist. Her departure from the DUP this week attracted considerable attention across the political spectrum and marked a major development for unionism, with the MP now using her independent platform to press for what she describes as stronger mechanisms to uphold the rule of law within the Executive.

The proposals have emerged amid continuing controversy surrounding a protest on the Garvaghy Road in Portadown which obstructed a lawful Orange Order parade. First Minister Michelle O'Neill and a number of other nationalist representatives have been interviewed by police in relation to the incident, although no decisions have yet been made regarding potential prosecutions.

The issue has created divisions within unionism over how to respond. While some have questioned whether the Executive should continue if ministers are found to have acted unlawfully, others have argued that any sanctions should be directed at individual politicians rather than destabilising Stormont as a whole.

DUP leader Gavin Robinson has also pressed the Government to amend the Northern Ireland Act, arguing that ministers who breach the commitments contained within the Pledge of Office should face clear consequences.

Speaking earlier this week, Mr Robinson warned that confidence in devolution depends upon ministers respecting the institutions they serve.

"Political stability in Northern Ireland cannot be taken for granted," he said. "It depends on ministers upholding their commitments to support the police, the courts and the rule of law.

"Where ministers breach those commitments, consequences should fall on those responsible. The public should not be punished for their lawbreaking conduct."

Ms Lockhart's proposals seek to establish what she calls an "objective" and independent framework for accountability.

Under her draft legislation, any minister convicted of an offence carrying a potential sentence of six months or more would automatically be removed from office for 12 months. Importantly, the proposal relates to the maximum penalty available for the offence rather than the sentence ultimately imposed by a court.

Explaining the measure, Ms Lockhart said: "An objective standard for removing Ministers from office: if convicted of a criminal offence, which carries potential punishment of six months or more, then the Minister would be removed from office for a period of 12 months."

She added: "Note, this doesn't mean your sentence must be six months imprisonment or more, but rather merely that the offence of which the person has been convicted carries such a potential punishment."

The Upper Bann representative argued that the proposed law would cover offences under public processions legislation and create meaningful consequences for ministers who are found guilty of breaking the law.

"It would mean for example anyone convicted of offences under section 7 or section 14 of the Public Processions Act 1998 would be removed from office and could not be renominated to office for a period of 12 months," she said.

The proposals extend beyond current ministers. Ms Lockhart also wants any MLA convicted of a qualifying offence within the previous 12 months to be barred from becoming a minister.

"The Bill would not only remove current Ministers from office if convicted of an offence and prevent their renomination for a period of 12 months, but any MLA convicted of an offence would be prohibited from being nominated to Ministerial office if the conviction comes within 12 months of the date of proposed nomination," she said.

"This would prevent removal from Ministerial office of a lawbreaker, only for another lawbreaking MLA to be nominated to fill the office."

A further element of the proposal would, for the first time, give legal force to the Stormont Pledge of Office.

Under the suggested mechanism, if 30 MLAs believed that a minister had breached the pledge, they could refer the matter to the Attorney General. Unless the complaint was judged to be frivolous or vexatious, it would then be referred to the High Court for independent consideration.

A High Court judge would determine whether there had been a breach and, if so, order that the minister be removed from office.

Ms Lockhart said the process was deliberately designed to remove political bias and prevent MLAs from policing one another.

"This accountability framework cannot leave it to MLAs to regulate themselves, otherwise this is a recipe for partisan efforts to use the mechanisms to remove political opponents," she said.

"It must be taken out of the hands of MLAs, and subject to independent determination, within a structured framework that applies objective standards to which all Ministers are equally subject."

The MP also acknowledged the limits of what unionist parties can currently do under existing legislation.

"I have been clear that unionism cannot remove every Sinn Fein Minister who defied the law on the Garvaghy Road. We do not have the legal tools available to do so," she said.

"But unionism can remove the figurehead, Michelle O'Neill, from office. The Assembly would continue until the next election, and other Ministers would remain in post. This is the appropriate political sanction unionism can deliver in the here and now."

Ms Lockhart said the proposed legislation should take effect immediately upon receiving Royal Assent and could apply to individuals convicted of qualifying offences during the previous 12 months, potentially influencing future ministerial appointments.

The proposals are likely to spark significant political debate in the weeks ahead. Supporters are expected to argue that they would strengthen public confidence in devolved government and ensure ministers are held to the same standards expected of ordinary citizens. Critics, however, may question whether such measures could heighten political tensions at Stormont or be used as a means of targeting opponents.

For now, Ms Lockhart's intervention places her at the centre of one of the most contentious political arguments facing Northern Ireland, only days after her high-profile departure from the DUP and move to the independent unionist benches.