Measures to retrospectively reduce the tariffs paid to Renewable Heat Incentive (RHI) claimants in Northern Ireland have been passed after every party except the DUP abstained from voting on the amendment on Monday.
Following a debate lasting well-over six hours, economy minister Simon Hamilton’s emergency legislation, intended to address the £28 million overspend expected over the next year, was passed after all other MLAs abstained from the vote.
If the law stands, tariffs under the scheme would be reduced to fall in line with the tiered system implemented in November 2015, drastically cutting the money originally agreed with Northern Irish businesses.
However, the amendment to the original RHI regulations has already sparked proposals for legal challenge, while Hamilton’s plans to publish the names of all claimants under the scheme have also faced opposition in the courts.
A High Court judge has temporarily banned publication of the names of more than 300 RHI boiler owners after legal opposition was brought forward by the Renewable Heat Association of Northern Ireland (RHANI).
Lawyers for the group argued that to publish the businesses’ names would leave them open to a media “feeding frenzy”, despite many of those benefiting from the scheme doing so legitimately.
The barrister for the case added: “The reputation of individuals who have done nothing wrong will be damaged simply by the fact their names are being put in the public domain at a time when there’s sensationalist reporting of the matter.”
The judge sided with the boiler owners, granting an interim injunction to stop any members’ personal details being disclosed pending the delivery of his judgement next week on whether boiler owners could mount a full legal challenge to the publication plan.
Speaking in the Assembly, Hamilton responded to the ruling by saying he regretted the decision.
“It prevents full transparency and obviously I will take the time to consider what can now be done in the circumstances,” he said.
However, the injunction does little to protect the identities of those claimants who were not members of RHANI by 5pm yesterday (24 January) when the injunction was enforced. Hamilton is expected to release their details later today in an effort to improve transparency after the scheme in the wake of a series of revelations involving DUP MLAs and affiliates.
Three DUP assembly members have revealed that they have family members benefitting from the scheme following an audit of the party’s ministers.
Jim Wells revealed on Friday that his brother, two cousins and the brother of a third cousin had installed boilers at three different farms, while Carla Lockhart and William Irwin yesterday indicated they had family members involved in the scheme.
Ms Lockhart said her brother-in-law is a farmer involved in the scheme and Mr Irwin said his son-in-law, also a farmer, had benefitted.
In a statement released on Monday the DUP said: “Neither MLA was involved in lobbying for these individuals and neither has any financial or other interests in the farms concerned.
“We would again want to point out that in the main those in the non-domestic RHI scheme applied absolutely legitimately to what was a government approved scheme and should be viewed as such.”
The Ulster Unionist Party (UUP) carried out a similar audit which revealed that the aunt and uncle of MLA Sandra Overend have a business which benefits from the scheme, while the the wife of former UUP MLA Neil Somerville is also a beneficiary.
The revaltions follow a series of accusations levelled at special advisers to the DUP of ties to those benefitting from the scheme, leading to a number of high profile resignations.
Meanwhile retired Lord Justice of Appeal Sir Patrick Coghlin has been selected to chair the the public inquiry into the RHI announced by Sinn Fein’s finance minister Máirtín Ó Muilleoir last week.
“I am very pleased Sir Patrick has agreed to lead the inquiry and I know that he will be unflinching in his pursuit of the truth and scrupulous in his analysis of the evidence,” the minister said.
“The independent investigation will have the powers to compel witnesses and evidence and I pledge that as minister I will ensure the inquiry is free of ministerial control or interference. There is an urgent need to get to the facts of the RHI scheme, to identify negligence, incompetence, alleged corruption and abuse, and to hold those responsible to account.”
The finance department said the work will get underway on February 1 and will report as “expeditiously as possible”.