Former Minister Acted Inappropriately Says Committee

The Committee for Social Development has published the final (Phase 3) Report on its Inquiry into allegations arising from a BBC NI Spotlight programme which aired on 3 July 2013.

The Inquiry was conducted in 3 phases with this final report looking specifically at “decision making relating to the award, modification and cancellation of Northern Ireland Housing Executive maintenance contracts to establish any impropriety or irregularity and, in particular, whether the actions of Ministers were appropriate”.

The Report draws a number of important findings, with the Committee concluding that, based on the evidence it heard throughout this phase of the Inquiry, the then Minister Nelson McCausland MLA did act inappropriately. 

Speaking after today’s Assembly debate on the Report, the Committee Chairperson Alex Maskey, MLA said: “The Committee concluded that on the basis of Mr McCausland’s own evidence to our Inquiry that he sought to have the date of the termination notice of Red Sky’s Northern Ireland Housing Executive contracts extended. This occurred despite him being aware of the adverse findings of investigations into Red Sky’s performance and advice from his own officials that contractual matters were the sole remit of the Housing Executive.

“The Committee also concluded that had Mr McCausland’s view prevailed it would have potentially facilitated the commercial interests of a newly reconstituted Red Sky (‘Newco’) in securing public contracts and undermined value for money service provision to Housing Executive tenants.

“On the basis of the evidence, including that contained in the fact-finding report into the special adviser, the Committee has been driven to the conclusion that the decision to seek an extension to the termination notice was politically motivated.”

The Inquiry also highlighted the gap in the current mechanisms and procedures to investigate alleged breaches of the Ministerial Code of Conduct.

Mr Maskey continued: “The lack of an existing mechanism to allow for independent investigation into the conduct of those in Ministerial Office caused grave concern to Committee Members throughout this process and highlighted the difficulty faced by a Statutory Committee in conducting such an investigation. For example, there was a clear conflict of interest when the release of evidence to the inquiry had to be sanctioned by the very Minister whose actions were the focus of that inquiry.

“We further contend that any decision about whether or not to bring forward a formal disciplinary investigation into the actions of a Minister’s Special Adviser should not be at the discretion of that Minister, as is currently the case.”

Mr. Maskey concluded: “If this Inquiry and process has taught us anything, then it is that we need to ensure that the appropriate mechanisms are in place to effectively scrutinise and challenge the decisions and actions of all those who hold political office. We hope this will also go some way towards restoring and further underpinning public confidence in the accountability of all elected representatives.”

ENDS

Notes to Editor:

1. In a BBC NI Spotlight programme, which aired on 3 July 2013, allegations were made of wrongful political interference in the Northern Ireland Housing Executive, potential breaches of the Ministerial Code of Conduct and misleading the Assembly and the Committee for Social Development. Due to the scope of the Inquiry the Committee decided upon a three- phased approach, reporting on each phase as it concluded. This is the third and final report.
2. The Report on Phase 3 of the Inquiry including the executive summary and key recommendations can be found on the Assembly website via the following link http://nia1.me/2ly
3. By agreement of the Committee the Report includes a minority report in appendix 6, produced by those members of the Committee who disagreed with the Committees findings.

The Committee for Social Development membership is:

Alex Maskey MLA (Chairperson)
Mickey Brady MLA (Deputy Chairperson)
Jim Allister MLA
Roy Beggs MLA
Paula Bradley MLA
Gregory Campbell MLA
Stewart Dickson MLA
Dolores Kelly MLA
Gary Middleton MLA
Fra McCann MLA
Sammy Wilson MLA