Report: Stormont Co-options Undermine Democratic Choice

An Electoral Commission report has stated that Northern Ireland’s method for replacing Stormont assembly members and councillors who resign diminishes democratic choice and lessens transparency. This co-option process allows political parties to appoint individuals to vacant positions in the Northern Ireland Assembly and local councils, bypassing the need for a by-election. Since the previous Stormont election in May 2022, one out of every ten Members of the Legislative Assembly (MLAs) has been appointed through co-option. Furthermore, 24 councillors, representing approximately 5% of the total, have been co-opted since May 2023, the date of the most recent local government election. The electoral system employed involves the Single Transferable Vote, where electors prioritize candidates by ranking them, and multiple representatives are chosen for each constituency. In its report, the Electoral Commission said the co-option process was in place “to ensure the preference of electors at the previous election continues to be reflected”. However, it noted that co-option “removes democratic choice from voters”. The report further indicated, “This issue is likely to be exacerbated in 2027 when both the assembly and local government elections are scheduled to take place.” The oversight body suggested that a “substitution list” submitted by candidates during their nomination could offer a potential remedy. Among Stormont’s most prominent individuals appointed through co-option is Deputy First Minister Emma Little-Pengelly. The Democratic Unionist Party (DUP) chose her to occupy the seat of former party leader Sir Jeffrey Donaldson shortly after his election to Stormont in 2022. Sir Jeffrey Donaldson served as MP for Lagan Valley, and regulations prohibit MLAs from holding multiple positions. Subsequent to the UK general election in July, four incumbent MLAs and one councillor secured election to Westminster. These individuals included Traditional Unionist Voice (TUV) leader Jim Allister; Sorcha Eastwood of the Alliance Party; Robin Swann, former Health Minister from the Ulster Unionist Party (UUP); independent unionist Alex Easton; and Cathal Mallaghan of Sinn Féin. They were required to relinquish their elected posts to assume their roles as MPs, in accordance with regulations prohibiting holding two jobs simultaneously. Their respective parties selected their successors, with Easton specifically choosing Peter Martin of the DUP to fill his assembly seat. The resulting Stormont vacancies were subsequently filled by councillors, which in turn generated an additional four vacancies requiring appointments in local councils. Cahir Hughes, who leads the Electoral Commission in Northern Ireland, observed an “increased use of co-option in recent years, both at assembly and council level”. He further stated, “Ahead of the 2027 elections, the Electoral Commission will engage with the UK government and political parties to maintain integrity and confidence in the electoral process in Northern Ireland.” The Electoral Commission’s report on this year’s elections also delved into voter confidence and the experiences reported by candidates. It indicated that 55% of individuals surveyed throughout the UK reported encountering some form of harassment, intimidation, or abuse during the general election. Among these, 13% perceived their problem with abuse as serious. Regarding voters surveyed in Northern Ireland, 85% conveyed confidence in the proper conduct of elections and expressed satisfaction with the registration and voting procedures. Mr Hughes commented: “The issue of candidate intimidation and abuse is growing more prevalent in our society which must be tackled.”