Mr Swann, who tested positive for Covid-19 on Sunday, wrote to his Executive colleagues last week asking for their views on the relaxation of remaining restrictions.
He asked for a reply by 1 pm today, Monday, February 14.
Mr Swann’s letter stated that lawyers suggested the issue would be “significant” and that under the terms of the Ministerial code, this meant it would require Executive approval.
But the full Executive cannot meet because the first and deputy first ministers are not in place following the resignation of Paul Givan.
The move was part of an ongoing protest by the Democratic Unionist Party (DUP) against the Northern Ireland Protocol.
Mr Swann instead wrote to individual ministers asking them for their views.
It is understood ministers from the DUP, Sinn Féin, SDLP and Alliance have all supported Mr Swann – who is a member of the UUP – and confirmed their positions.
Speaking to the BBC Sunday Politics programme, Justice Minister Naomi Long said she had given Mr Swann an assurance that moving on the issue would not be “controversial” if it was in line with official health advice.
Economy Minister Gordon Lyons and Infrastructure Minister Nichola Mallon have also said they support the lifting of restrictions.
Sinn Féin deputy leader Michelle O’Neill said restrictions should not be in place for any longer than they are needed.
The current Covid 19 regulations are in place until Thursday, March 24, when the legislation underpinning them will expire.
Covid passports remain in place for nightclubs as well as for indoor unseated and partially-seated events with 500 or more people in attendance.A maximum number of 30 people are permitted to gather.
The minimum self-isolation period for people testing positive for Covid-19 is five full days, subject to negative lateral flow tests on days five and six of a person’s isolation.
Other rules still in force include:
The legal duty on retail to take reasonable measures to reduce the risk of transmission
The legal requirement to wear face coverings and the associated duty on businesses to take reasonable measures to ensure compliance
The legal requirement for risk assessments in prescribed settings
The legal requirement for recording visitor information in prescribed settings
The remaining legal requirements in relation to Covid-status certification
The guidance on the regular use of lateral flow testing, and in particular before meeting up with others.
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