THERESA May must have parliament's approval before any money of the £1 billion deal with the DUPs is released to Northern Ireland, it has emerged.
The Conservative Party and the Democratic Unionist Party have signed a £1 billion ‘confidence and supply’ deal to support the Prime Minister’s minority Government earlier this year.
A confidence and supply agreement is where a party or independent members of parliament will support the Government in motions of confidence and appropriation or supply votes, by either voting in favour or abstaining.
According to campaigner Gina Miller, a letter from the Treasury Solicitor said the transfer of £1 billion funds to Northern Ireland needs 'parliamentary authority.'
Campaigner Gina Miller has said it 'all seems to be the wrong way round.' (Picture: Leon Neal/Getty Images)Speaking to The Nolan Show on BBC Radio Northern Ireland, Ms Miller said she and the Independent Workers Union of Great Britain, asked the Government two legal questions on the deal with the DUPs.
"One was, were the Government going to use either the Royal Prerogative or the Henry VIII Power - so we were questioning which legal authority they were using to make this payment.
"The second question we asked whether or not the payment would contravene the Equalities Act. Now on the Equalities Act question, they said no it didn't, but what was shocking to us was that they came back on the authority question and said, no, we're not using the Royal Prerogative or the Henry VIII powers, so you have no case because it needs parliamentary authority and no timetable has been set. That's the first time we've ever heard that."
Explaining what this means for Northern Ireland, Ms Miller said: "This means it's not a done-deal and it's not a question of merely a formality - it will have to have a debate and a vote in parliament before that money can be released.
"The DUPs and Conservatives on their own, could push this through but what if some of the Conservatives who are unhappy with this deal, such as the Scottish Conservatives or perhaps the other Conservatives who feel that Britain deserves as much of this money, and it's unfair that the additional amount of money is going to Northern Ireland, [voted against the deal].
"This could be quite disruptive. There's also the question if the DUPs should be allowed vote on this anyway - is it not a conflict of interest for them to be voting on money that will come to Northern Ireland."
"One of the questions that the answer we got from the Government in writing - the legal letter we received back from them - is, did the DUPs know that they needed parliamentary authority and it wasn't timetabled? You have to ask if they are the innocent party, and if they're aware of the legal response we got from the Government," Ms Miller said.
Ms Miller said she had looked at the legislative programmes for this parliament, and while it could be put in the Budget - which isn't until November - and this Government have asked the DUPs to vote with them from now.
"It seems to be all the wrong way round," she said.
