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.[9] 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,[10] probably[11] to be held no later than January 2023.[12][13]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."[14] Both the UK Prime MinisterRishi Sunak and the Irish TánaisteLeo Varadkar had urged the DUP to agree to the formation of a Government.[15]
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.[16] On 28 October, Heaton-Harris expressed disappointment that no Executive had been formed and acknowledged his legal duty to call an election,[17] but delayed immediately calling one.[18] The chief electoral officer said the election date would likely be 15 December.[19] The last date that an election could be held under the legislation existing then was 19 January 2023.[20]
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.[21][20] However, Northern Ireland Office Minister Steve Baker said on 2 November that Heaton-Harris "will soon confirm the date of the next Northern Ireland Assembly election as required by law."[22]
On 4 November, Heaton-Harris said an election would not be held in December.[23] 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.[24] The requisite legislation, the Northern Ireland (Executive Formation etc) Act 2022,[25][26] was passed by the Westminster Parliament on 6 December 2022.[27]
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,[30] 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.[31][32]
Under the then legislation, the latest possible date for the next election, if an Executive is not formed, was 13 April 2023.[24][33] The deadline to form an Executive passed on 19 January 2023, but Heaton-Harris played down the prospect of him calling a snap election.[34]
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.[35][36] This was achieved through the Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023,[37] which completed its passage through the Westminster Parliament in late February 2023.[38][37]
On 27 February 2023, the UK and EU announced the Windsor Framework to make changes to the Northern Ireland Protocol.[39] It was hoped that this would lead to formation of an Assembly executive.[40] However, the DUP boycott continued.[41] Talks with the DUP continued without success through to December.[42]
The Assembly was recalled on 17 January 2024. The DUP position was unchanged.[43] 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.[44][45]
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.[50] Details of the meeting was reportedly leaked to the BBC.[51][52]Jeffrey Donaldson revealed in the morning that his party would return to Stormont.[53][54] This end of the boycott was welcomed by Sinn Féin.[55]
On 30 January, the parties returned to Stormont for talks.[62] The same day further public sector strikes were held.[63] The Assembly sat on Saturday 3 February.[64][65] Fresh elections were to be called had the executive not been formed by 8 February.[66]
On 3 February 2024, the Northern Ireland Assembly met to elect a new Speaker, with Edwin Poots, a former leader of the DUP, chosen to be the Assembly's 7th Speaker.[67]Sinn Féin's Michelle O'Neill was nominated as First Minister, becoming the first nationalist politician to hold the post, while the DUP's Emma Little-Pengelly was appointed deputy.[68][69] Alliance and the UUP also took ministerial positions. They were entitled to one each. The Justice portfolio is assigned separately and was also filled by Alliance.[70] The SDLP missed out on any ministerial positions due to winning insufficient seats in the Assembly; they went into opposition instead.[71]