[4] Her election would rely on the Democratic Unionist Party's agreement to sit on the executive, and serve in the Assembly, something which is in doubt since the party's previous First Minister Paul Givan resigned the post in February 2022, in protest over the Northern Ireland Protocol of the Brexit agreement,[5] the implementation of which unionists have objected to.

[6] Sir Jeffrey Donaldson, DUP leader and Member of Parliament for Lagan Valley secured an MLA position in the eponymous constituency, becoming the presumed choice for deputy First Minister, but has since announced that the DUP leadership team would decide if he would take that seat, (and thus call a by-election for his Westminster seat), or appoint a proxy.

[7] On 12 May, the day before the first scheduled sitting day of the Assembly, Donaldson announced his decision to remain as an MP, and formally co-opted former MP for Belfast South and MLA for Belfast South, Emma Little-Pengelly, to take his seat in the Assembly.

[8] The DUP refused to assent to the election of a Speaker on 13 May[9] in further protest to the Northern Ireland Protocol, so the Assembly could not continue to other business, including the appointment of a fresh Executive.

[10] The Speaker and incumbent ministers from the previous Assembly continued in office in caretaker capacity, a new arrangement introduced by the New Decade, New Approach agreement,[9] but this provision expired in October 2022.