Northern Ireland (Miscellaneous Provisions) Bill (HC Bill 9)

Donations and loans etc for political purposes

1 Donations

(1) In the Northern Ireland (Miscellaneous Provisions) Act 2006—

(a) for section 14 (modifications of the Political Parties, Elections and
5Referendums Act 2000 to have effect during a prescribed period)
substitute—

“14 Special provision in relation to Northern Ireland recipients

Schedule 1 contains amendments of the 2000 Act relating to
donations received by Northern Ireland recipients.”;

(b) 10in Schedule 1, in the heading, for “Modifications” substitute
“Amendments”.

(2) After section 15 of that Act insert—

“15A Power to increase transparency

(1) The Secretary of State may, after consulting the Electoral Commission,
15by order—

(a) make provision permitting or requiring the Electoral
Commission to publish information about donations received
by Northern Ireland recipients, or

(b) make other provision for the purpose of increasing
transparency in relation to such donations.

(2) Provision made under this section may—

(a) amend, repeal or modify any enactment connected with
5donations for political purposes (including in particular any of
the provisions inserted into the 2000 Act by Schedule 1);

(b) include consequential, supplementary, incidental, transitional,
transitory or saving provision.

(3) Provision made under this section may apply in relation to donations
10received at any time on or after 1 November 2007.

(4) The power to make an order under this section is exercisable by
statutory instrument.

(5) No order is to be made under this section unless a draft of the
instrument containing the order has been laid before and approved by
15a resolution of each House of Parliament.

(6) For the purposes of this section and section 15B—

(a) “donation” has the same meaning as in Part 4 of the 2000 Act
(see section 50 of that Act);

(b) the time at which a donation is received is to be determined in
20the same way as for the purposes of that Part;

(c) “Northern Ireland recipient” has the same meaning as in
Chapter 6 of that Part (see section 71A of that Act).

(7) Section 15B imposes limits on the provision that may be made under
this section.

15B 25Confidentiality of donations received before 1 October 2014

(1) The provision that may be made by order under section 15A does not
include provision which—

(a) alters the effect of section 71E of the 2000 Act (duty not to
disclose contents of donation reports) in relation to the
30disclosure of protected information,

(b) reduces the maximum penalty for an offence under that section
committed in relation to the disclosure of protected
information, or

(c) gives a person a right to obtain protected information contained
35in a register kept by the Commission under that Act.

(2) “Protected information” means information—

(a) which relates to a donation received before 1 October 2014, and

(b) which identifies the donor or from which it is possible to
identify the donor.

(3) 40The references in subsection (1) to section 71E of the 2000 Act and to the
maximum penalty for an offence under that section are to that section
and maximum penalty as they have effect at the time at which the order
under section 15A is made.”

(3) In section 71E of the Political Parties, Elections and Referendums Act 2000

(duty not to disclose contents of donation reports), after subsection (4) insert—

“(4A) Such information may be disclosed if the Commission believe, on
reasonable grounds, that—

(a) the relevant person has consented to the disclosure, and

(b) 5the consent was given in accordance with any prescribed
requirements.

(4B) “The relevant person” means the person who made the donation to
which the information relates.”

2 Loans etc

(1) 10In the Electoral Administration Act 2006 (Regulation of Loans etc: Northern
Ireland) Order 2008 (S.I. 2008/1319S.I. 2008/1319)—

(a) for article 5 (modifications of the Political Parties, Elections and
Referendums Act 2000 to have effect during a prescribed period)
substitute—

“5 15Special provision in relation to Northern Ireland participants

Schedule 1 contains amendments of the 2000 Act relating to
loans etc involving Northern Ireland participants.”;

(b) in Schedule 1, in the heading, for “Modifications” substitute
“Amendments”.

(2) 20In section 71Z4 of the Political Parties, Elections and Referendums Act 2000
(duty not to disclose contents of transaction reports), after subsection (4)
insert—

“(4A) Such information may be disclosed if the Commission believe, on
reasonable grounds, that—

(a) 25each relevant person has consented to the disclosure, and

(b) the consent was given in accordance with any prescribed
requirements.

(4B) “Relevant person” means a party to the transaction to which the
information relates other than—

(a) 30a registered party whose treasurer is required under this Part to
prepare a report to the Commission giving details of the
transaction, or

(b) any other party to the transaction who is required under this
Part to prepare such a report.”

(3) 35In section 63 of the Electoral Administration Act 2006 (power to make
provision for regulation of loans etc: Northern Ireland), after subsection (7)
insert—

“(8) For the purposes of this section, section 1(3) of the Northern Ireland
(Miscellaneous Provisions) Act 2013 (which amends section 71E of the
402000 Act) is treated as provision made by the 2006 Act.”

Northern Ireland Assembly

3 MPs to be disqualified for membership of Assembly

(1) In section 1(1) of the Northern Ireland Assembly Disqualification Act 1975
(disqualification of holders of certain offices etc), before paragraph (a) insert—

“(za) 5is a member of the House of Commons;”.

(2) After section 1 of that Act insert—

“1A Members of the House of Commons

(1) A person returned at an election as a member of the Northern Ireland
Assembly is not disqualified under section 1(1)(za) at any time in the
10period of 8 days beginning with the day the person is so returned.

(2) Subsection (3) applies where a person—

(a) is returned at an election as a member of the Northern Ireland
Assembly,

(b) on being so returned is a candidate for election to the House of
15Commons, and

(c) is subsequently returned at that election as a member of that
House.

(3) The person is not disqualified under section 1(1)(za) at any time in the
period of 8 days beginning with the day the person is returned as a
20member of the House of Commons.

(4) A person is a “candidate for election to the House of Commons” if the
person’s nomination paper for election as a member of the House of
Commons has been delivered to the returning officer under rule 6 of
Schedule 1 to the Representation of the People Act 1983 (parliamentary
25election rules).”

(3) In section 37(1) of the Northern Ireland Act 1998 (effect of disqualification)—

(a) in paragraph (a), after “by virtue of” insert “the Northern Ireland
Assembly Disqualification Act 1975 or”;

(b) in paragraph (b), after “by virtue of” insert “that Act or”.

(4) 30In section 47(4) of that Act (remuneration of members), for “either House of
Parliament” substitute “the House of Lords”.

4 Members of the Dáil Éireann to be disqualified for membership of Assembly

(1) In section 1(1) of the Northern Ireland Assembly Disqualification Act 1975
(disqualification of holders of certain offices etc), before paragraph (e) insert—

“(db) 35is a member of the Dáil Éireann (House of Representatives of
Ireland);”.

(2) After section 1A of that Act (as inserted by section 3) insert—

“1B Members of the Dáil Éireann

A person returned at an election as a member of the Northern Ireland
40Assembly is not disqualified under section 1(1)(db) at any time in the
period of 8 days beginning with the day the person is so returned.”

5 Statements by prospective members of Assembly

(1) The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599S.I. 2001/2599) is
amended as follows.

(2) In article 6 (vacancies filled by substitutes)—

(a) 5in paragraph (2), for the words from “state in writing” to the end
substitute “make a statement of readiness”;

(b) in paragraph (3)—

(i) in sub-paragraph (a)(ii), for the words from “in writing” to
“Assembly” substitute “of readiness”;

(ii) 10in sub-paragraph (b), for “is not willing or able to be so
returned” substitute “will not make a statement of readiness,”;

(c) in paragraph (4)—

(i) for “states in writing” substitute “makes a statement of
readiness”;

(ii) 15omit “that he is willing and able to be returned as a member of
the Assembly”;

(d) in paragraph (5)—

(i) in the opening words: after “a statement” insert “of readiness”;
and omit “that he is willing and able to be returned as a member
20of the Assembly”;

(ii) in sub-paragraph (a), for “is not willing and able to be so
returned” substitute “will not make a statement of readiness”;

(iii) in sub-paragraph (b), for “in writing that he is willing and able
to be so returned” substitute “of readiness”;

(e) 25after paragraph (6) insert—

“(7) In this article and article 6B “statement of readiness” means a
statement in writing by a person (“P”)—

(a) that P is willing and able to be returned as a member of
the Assembly,

(b) 30that P is aware of the provisions of the Northern Ireland
Assembly Disqualification Act 1975 and section 36 of the
Northern Ireland Act 1998, and

(c) that P is, to the best of P’s knowledge and belief, not
disqualified for membership of the Assembly.”

(3) 35In article 6B (vacancies arising during an Assembly term: members of
registered parties)—

(a) in paragraph (3), for the words “in writing” to the end substitute
“with—

“(a) a statement of readiness, or

(b) 40a statement in writing that he will not make a statement
of readiness.”;

(b) for paragraph (4)(a) and (b) substitute—

“(a) does not respond within such period as the Officer
considers reasonable with a statement of the kind
45mentioned in paragraph (3)(a) or (b), or

(b) responds within such a period with a statement of the
kind mentioned in paragraph (3)(b).”;

(c) in paragraph (6), for the words from “does” to “Assembly” substitute
“responds within such period as the Officer considers reasonable with
a statement of the kind mentioned in paragraph (3)(a)”.

(4) Schedule 1 (application with modifications of provisions of the Representation
5of the People Act 1983 etc) is amended as follows.

(5) In the entry for section 65A (false statements in nomination papers etc), in the
second column, insert “For subsection (1B)(c) substitute—

(c) that he is, to the best of his knowledge and belief, not
disqualified for membership of the Assembly, or

(d) 10that he is, to the best of his knowledge and belief, disqualified
for membership of the Assembly only under section 1(1)(za) or
(db) of the Northern Ireland Assembly Disqualification Act
1975 (disqualification of MPs or members of the Dáil
Éireann).”.”

(6) 15In the entry for rule 8 of the parliamentary elections rules (consent to
nomination), in the second column, for the first sentence substitute “For
paragraph (3)(b) substitute—

“(b) shall state that he is aware of the provisions of the Northern
Ireland Assembly Disqualification Act 1975 and section 36 of
20the Northern Ireland Act 1998; and

(ba) shall state either—

(i) that he is, to the best of his knowledge and belief, not
disqualified for membership of the Assembly, or

(ii) that he is, to the best of his knowledge and belief,
25disqualified for membership of the Assembly only
under section 1(1)(za) or (db) of the Northern Ireland
Assembly Disqualification Act 1975 (disqualification of
MPs or members of the Dáil Éireann); and”.”

6 Reduction in size of Assembly to be reserved matter

30In Schedule 3 to the Northern Ireland Act 1998 (reserved matters), after
paragraph 7 insert—

“7A The alteration of the number of members of the Assembly returned
for each constituency.

This paragraph does not include—

(a) 35the alteration of that number to a number exceeding six, or

(b) the provision of different numbers for different
constituencies.”

7 Extension of term of Assembly

(1) In section 31(1) of the Northern Ireland Act 1998 (dates of elections and
40dissolutions), for “fourth” substitute “fifth”.

(2) The amendment made by subsection (1) has effect in relation to the
determination of the date of the poll for the election of the Assembly next
following the Assembly elected at the poll on 5 May 2011 (as well as its
successors).

Justice Minister

8 Appointment of Justice Minister

(1) Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with
policing and justice functions) is amended as follows.

(2) 5For paragraph 3B (modification of section 16A) substitute—

“3B Section 16A(3) has effect as if, for paragraph (b) (and the word “and”
before it) there were substituted—

“(aa) once those offices have been filled, the relevant Ministerial
office (within the meaning of Part 1A of Schedule 4A) shall be
10filled by applying paragraph 3D(4) to (8) of that Schedule;
and

(b) once that office has been filled, the other Ministerial offices to
be held by Northern Ireland Ministers shall be filled by
applying section 18(2) to (6).””

(3) 15In paragraph 3C (section 18 not to apply to relevant Minister)—

(a) the existing provision becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) But the reference to Ministerial offices in subsection (5) of that
section (in the definition of M) shall be taken to include the
20relevant Ministerial office.”

(4) Paragraph 3D (provisions relating to relevant Minister) is amended in
accordance with subsections (5) to (8).

(5) In sub-paragraph (3), after “after” insert “section 16B(3) to (7) is applied in
relation to the offices of First Minister and deputy First Minister but before”.

(6) 25After sub-paragraph (4) insert—

“(4A) But a member of the Assembly who is a member of a political party
may not be nominated unless the nominating officer of the party
consents to the nomination within a period specified in standing
orders.”

(7) 30In sub-paragraph (11)—

(a) omit the “or” at the end of paragraph (b) and after that paragraph
insert—

“(ba) where consent to the Minister’s nomination was
required under sub-paragraph (4A), the Minister is
35dismissed by the nominating officer of the party and
the Presiding Officer is notified of the dismissal, or”;

(b) at the beginning of paragraph (c) insert “where consent to the
Minister’s nomination was not required under sub-paragraph (4A),”.

(8) After sub-paragraph (17) insert—

“(18) 40In this paragraph and paragraph 3E “nominating officer” has the
same meaning as in section 18.”

9 Reappointment of other Northern Ireland Ministers in certain cases

In Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with
policing and justice functions), after paragraph 3D insert—

“Reappointment of other Northern Ireland Ministers in certain cases

3E (1) 5Where the first condition or the second condition is met—

(a) all the Northern Ireland Ministers other than the relevant
Minister cease to hold office, and

(b) those Ministerial offices must be filled by applying section
18(2) to (6) within a period specified in standing orders.

(2) 10The first condition is that—

(a) the relevant Minister ceased to hold office by virtue of
paragraph 3D(1)(a), and the office was filled by virtue of
paragraph 3D(1)(b),

(b) paragraph 3D(1) applied because a resolution was passed
15under section 30(2) which caused no Ministerial office other
than the relevant Ministerial office to become vacant, and

(c) as a result of the events mentioned in paragraph (a) the total
number of Ministerial offices held by members of a political
party increased or decreased.

(3) 20The second condition is that—

(a) the relevant Minister (“the former Minister”) ceased to hold
office otherwise than by virtue of paragraph 3D(1)(a), and the
office was filled by virtue of paragraph 3D(14), and

(b) as a result of the events mentioned in paragraph (a) the total
25number of Ministerial offices held by members of a political
party increased or decreased.

(4) But the second condition is not met where—

(a) the former Minister ceased to hold office by virtue of being
dismissed by a nominating officer under paragraph
303D(11)(ba),

(b) immediately before the office was filled there was at least one
eligible member of the nominating officer’s political party,
and

(c) each such eligible member failed to fill the office for one or
35other of the following reasons.

(5) Those reasons are—

(a) that one or more members of the Assembly sought to
nominate the eligible member for the office, but consent to
the nomination was not given by the nominating officer in
40accordance with paragraph 3D(4A);

(b) that the eligible member was nominated for the office but did
not take it up within the period specified in standing orders
under paragraph 3D(7)(a).

(6) References in this paragraph to an eligible member of a political
45party are to a member of that party who is also a member of the
Assembly, but do not include the former Minister.”

Excepted and reserved matters

10 Civil Service Commissioners for Northern Ireland

(1) In paragraph 21 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters), after “Northern Ireland Constitution Act 1973” insert “, other than
5section 36(1)(c),”.

(2) In paragraph 16 of Schedule 3 to that Act (reserved matters), omit “functions
and procedures of the”.

11 Northern Ireland Human Rights Commission

(1) In paragraph 22 of Schedule 2 to the Northern Ireland Act 1998 (excepted
10matters), for sub-paragraph (f) substitute—

“(f) in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and
(6), 76 and 78;”.

(2) In paragraph 42 of Schedule 3 to that Act (reserved matters), in sub-paragraph
(b)—

(a) 15after “sections” insert “68 to 69A, 69C to 70, 71(2A) to (2C),”;

(b) for “Schedules 8 and” substitute “Schedules 7 to”.

12 District electoral areas for council elections

(1) In paragraph 12 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters), the existing provision becomes sub-paragraph (1) and after that sub-
20paragraph insert—

“(2) This paragraph does not apply to—

(a) the division of local government districts into areas (“district
electoral areas”) for the purposes of elections to the councils
of those districts,

(b) 25the determination of the names of district electoral areas, or

(c) the determination of the number of councillors to be elected
for a district electoral area or a local government district.”

(2) After paragraph 41 of Schedule 3 to that Act (reserved matters) insert—

“41A (1) The division of local government districts into areas (“district
30electoral areas”) for the purposes of elections to the councils of those
districts.

(2) The determination of the names of district electoral areas.

(3) The determination of the number of councillors to be elected for a
district electoral area or a local government district.”

35Electoral registration and administration

13 Removal of requirement that canvass form must be prescribed form

(1) In section 10 of the Representation of the People Act 1983 (“RPA 1983”) (duty
to conduct canvass)—