Emma Little Pengelly described a plan to recruit a Stormont official to oversee post-Brexit trade arrangements as “hugely politically embarrassing for me” because it exposed the fallacy of the DUP’s claim that the Irish Sea border had disappeared.
The DUP deputy first minister last year messaged the head of civil service, arguing that plans to appoint a ‘head of regulatory divergence’ had “the potential to become a story”.
The WhatsApp exchange between Ms Little-Pengelly and Jayne Brady took place in October and has been revealed through a Freedom of Information request.
The messages show Ms Brady subsequently apologised to the deputy first minister “for any embarrassment”.
According to TUV leader Jim Allister, the revelation “lays bare the desperate spin the DUP has deployed to conceal the reality of the Irish Sea border”.
The flurry of messages between Ms Little-Pengelly and Stormont’s top mandarin began when the Lagan Valley MLA saw recruitment was underway for a ‘head of regulatory divergence’, a post relating to the north’s post-Brexit trade arrangements.
The job was advertised little over six months after the DUP had agreed to end its Stormont boycott on the basis that the ‘Safeguarding the Union’ deal with Rishi Sunak had effectively got rid of the Irish Sea border.
DUP leader Gavin Robinson later conceded that his predecessor Jeffrey Donaldson had “oversold” the deal, which failed to prevent the subsequent implementation of regulations that underscore the north’s trade divergence from Britain.
When Ms Little Pengelly became aware of the Executive Office’s (TEO) recruitment plan, she texted Ms Brady to say: “Can you check this one out urgently. This is apparently a post out for recruitment to TEO.”
The deputy first minister continued: “A couple of things occur: I understood we were not recruiting at the moment. Who on earth named this and how did they think this wasn’t going to attract attention and concern? The UK gov policy is not to diverge pending further EU discussions esp re SPS.”
She added: “This has the potential to become a story. Can you check this out and see what can be done to address urgently?”
In response, Ms Brady said: “I’m on it. I wasn’t aware of it.”
Later that day, Ms Little-Pengelly texted Ms Brady an image of a tweet from unionist activist Jamie Bryson in which he said: “The DUP inclusive Executive (responsible for civil service) is recruiting a ‘Divergence Co-ordinator’ to manage and implement divergence between NI and the rest of the UK. How is any self-respecting unionist implementing this? ‘Safeguarding the Union’…”
The deputy first minister told Ms Brady: “Bryson now has this.”
The civil service head said she would send a written reply and would also happy to discuss the matter in person.
She explained that the role was “an existing post and title which is being refilled”.
After a media query about the issue was submitted to TEO, Ms Brady alerted the deputy first minister, who replied: “If you are putting out a press line can you make it absolutely clear that this was not a ministerial decision nor was it brought to our attention that this was to be advertised… This is hugely politically embarrassing for me.”
Ms Brady replied: “Apologies for any embarrassment and issues in handling. I will review with David Malcolm, TEO permanent secretary.”
The content of the messages was first reported by the Belfast Telegraph.
Mr Allister said the exchange highlighted that “the Irish Sea border remains and Stormont is helping to implement it”.
“What we see here is a party obsessed with damage control, not damage repair – it shows a DUP more concerned with hiding the truth than confronting the constitutional implications of the Protocol they are now helping to administer,” he said.
“Their return to Stormont was built on the claim that the sea border had been removed. New barriers, like the parcel border, continue to emerge.”