Under protocol according to the
Good Friday Agreement if no executive is formed within six months of an Assembly election, the United Kingdom Government's
Northern Ireland Secretary can call a new election early. On 28 September 2022,
Chris Heaton-Harris, the
Secretary of State for Northern Ireland, stated that he had a legal obligation to call an early election on 28 October if no government was formed by that date, probably to be held no later than January 2023.
Sinn Féin leader
Michelle O'Neill voiced her opposition to such an election: "The people spoke, and the people asked for a functioning executive, they asked for us to make politics work." Both the
UK Prime Minister Rishi Sunak and the
Irish Tánaiste Leo Varadkar had urged the DUP to agree to the formation of a Government. The parties met on 27 October and failed to elect a Speaker, the fourth time they had met and failed to do so, and no government was formed by the deadline. On 28 October, Heaton-Harris expressed disappointment that no Executive had been formed and acknowledged his legal duty to call an election, but delayed immediately calling one. The chief electoral officer said the election date would likely be 15 December. The last date that an election could be held under the legislation existing then was 19 January 2023. On 29 October, Heaton-Harris continued to delay calling an election.
Claire Hanna, a Member of Parliament for the SDLP, reacted to the news, saying an election was now "less likely". Heaton-Harris held another round of talks with the political parties on 1 November, amid speculation that the UK government could introduce legislation to delay the need for a new election. On 4 November, Heaton-Harris said an election would not be held in December. On 9 November, he said that he would be introducing legislation to (retrospectively) extend the deadline to form a new Assembly Executive to 8 December 2022, with the option for an additional 6-week extension. was passed by the Westminster Parliament on 6 December 2022. In November 2022,
British prime minister Rishi Sunak and
Tánaiste Micheál Martin met in
Blackpool at the
British-Irish Council summit. Sunak said he was confident a breakthrough in negotiations over the Northern Ireland Protocol were possible. The December 2022 deadline passed without any resolution. The deadline was extended to 19 January 2023. Heaton-Harris invited the parties to new talks on 11 January 2023 to discuss the situation, but Sinn Féin pulled out in protest at the exclusion of its president,
Mary Lou McDonald, after which the SDLP refused to take part as well. Under the then legislation, the latest possible date for the next election, if an Executive is not formed, was 13 April 2023. The deadline to form an Executive passed on 19 January 2023, but Heaton-Harris played down the prospect of him calling a snap election. Under then existing legislation, Heaton-Harris had to call an election by the end of the first week of March 2023. However, he proposed a further extension, with a new deadline to form an Executive of 18 January 2024 proposed. This was achieved through the
Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023, which completed its passage through the Westminster Parliament in late February 2023. It was hoped that this would lead to formation of an Assembly executive. However, the DUP boycott continued. Talks with the DUP continued without success through to December. The Assembly was recalled on 17 January 2024. The DUP position was unchanged. Heaton-Harris said that he would, again, bring primary legislation to further extend the deadline to 8 February 2024, via the Northern Ireland (Executive Formation) Bill 2024. On 18 January 2024, the legal deadline to restore power-sharing was passed. The same day the largest
general strike in more than 50 years was held across
Northern Ireland, in protest over pay.
Secretary of State for Northern Ireland Chris Heaton-Harris released a statement on the situation. In 25 January, the '''''' (c. 2) was introduced to extend the period necessary for restoration of government without
calling a snap election. It came into law the same day. On 29 January 2024, an urgent meeting of the
Democratic Unionist Party executive was called following the passing over the deadline to restore power sharing at Stormont. Details of the meeting was reportedly leaked to loyalist activist
Jamie Bryson.
Jeffrey Donaldson revealed in the morning that his party would return to Stormont. This end of the boycott was welcomed by
Sinn Féin. The UK Government published a command paper laying out the deal. The deal will end the alignment of
EU law in Northern Ireland. Due to the
Brexit withdrawal agreement,
internal trade was disrupted between the
British Isles. A DUP agreement with the
Sunak ministry will reportedly reduce checks and paperwork on goods moving from
Great Britain to
Northern Ireland. This involves the creation of a "
UK internal market" in order to ease unionist fears over de facto border in the
Irish Sea. Some hard-line
loyalists criticised the DUP for "selling out". ==Formation of the 7th Assembly==