Northern Ireland Bill

Northern Ireland Bill - continued	House of Commons

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	PART II
	LEGISLATIVE POWERS
	General
Acts of the Northern Ireland Assembly.	5. - (1) Subject to sections 6 and 7, the Assembly may make laws, to be known as Acts.
	(2) A Bill shall become an Act when it has been passed by the Assembly and has received Royal Assent.
	(3) A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal of Northern Ireland signed with Her Majesty's own hand signifying Her Assent are notified to the Presiding Officer.
	(4) The date of Royal Assent shall be written on the Act by the Presiding Officer, and shall form part of the Act.
	(5) The validity of any proceedings leading to the enactment of an Act of the Assembly shall not be called into question in any legal proceedings.
	(6) This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland.
Legislative competence.	6. - (1) A provision of an Act is not law if it is outside the legislative competence of the Assembly.
	(2) A provision is outside that competence if any of the following paragraphs apply-
	(a) it would form part of the law of a country or territory other than Northern Ireland, or confer or remove functions exercisable otherwise than in or as regards Northern Ireland;
	(b) it deals with an excepted matter and is not ancillary to other provisions (whether in the Act or previously enacted) dealing with reserved matters or transferred matters;
	(c) it modifies an enactment in breach of Schedule 4;
	(d) it is incompatible with any of the Convention rights or with Community law;
	(e) it is not incompatible with any of those rights but it discriminates against any person or class of person on the ground of religious belief or political opinion.
	(3) Any provision of an Act of the Assembly is to be read, so far as possible, so as to be within the legislative competence of the Assembly and is to have effect accordingly.
	(4) For the purposes of this Act, a provision is ancillary to other provisions if it is a provision-
	(a) which provides for the enforcement of those other provisions or is otherwise necessary or expedient for making those other provisions effective; or
	(b) which is otherwise incidental to, or consequential on, those provisions;
	and references in this Act to provisions previously enacted are references to provisions contained in, or in any instrument made under, other Northern Ireland legislation or an Act of the Parliament of the United Kingdom.
Consent of Secretary of State required in certain cases.	7. The consent of the Secretary of State shall be required in relation to a Bill which contains-
	(a) a provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
	(b) a provision which deals with a reserved matter.
	Scrutiny and stages of Bills
Scrutiny by Ministers.	8. - (1) A Northern Ireland Minister in charge of a Bill shall, on or before introduction of it in the Assembly, make a statement to the effect that in his view the Bill would be within the legislative competence of the Assembly.
	(2) The statement shall be in writing and shall be published in such manner as the Minister making the statement considers appropriate.
Scrutiny by Presiding Officer.	9. - (1) Subject to subsection (2), standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would be outside the legislative competence of the Assembly.
	(2) Standing orders may provide for the Assembly, by a resolution with cross-community support, to overrule any decision of the Presiding Officer of the kind mentioned in subsection (1).
	(3) Subject to subsection (4)-
	(a) the Presiding Officer shall consider a Bill both on its introduction and before the Assembly enters on its final stage; and
	(b) if he considers that the Bill contains-
	(i) any provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
	(ii) any provision which deals with a reserved matter,
	he shall refer it to the Secretary of State; and
	(c) the Assembly shall not proceed with the Bill or, as the case may be, enter on its final stage unless-
	(i) the Secretary of State's consent to the consideration of the Bill by the Assembly is signified; or
	(ii) the Assembly is informed that in his opinion the Bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii).
	(4) Subsection (3)(b) and (c) shall not apply-
	(a) where, in the opinion of the Presiding Officer, each provision of the Bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only; or
	(b) on the introduction of a Bill, where the Bill has been endorsed with a statement that the Secretary of State has consented to the Assembly considering the Bill.
	(5) In this section and section 12 "final stage", in relation to a Bill, means the stage in the Assembly's proceedings at which the Bill falls finally to be passed or rejected.
Scrutiny by the Judicial Committee.	10. - (1) The Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the Judicial Committee for decision.
	(2) Subject to subsection (3), he may make a reference in relation to a provision of a Bill at any time during-
	(a) the period of four weeks beginning with the passing of the Bill; and
	(b) the period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 11(6).
	(3) He shall not make a reference in relation to a provision of a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the provision, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification.
	(4) If the Judicial Committee decide that any provision of a Bill would be within the legislative competence of the Assembly, their decision shall be taken as applying also to that provision if contained in the Act when enacted.
Stages of Bills.	11. - (1) Standing orders shall include provision-
	(a) for general debate on a Bill with an opportunity for members to vote on its general principles;
	(b) for the consideration of, and an opportunity for members to vote on, the details of a Bill; and
	(c) for a final stage at which a Bill can be passed or rejected.
	(2) Standing orders may include provision for the consideration of the details of a Bill by such a committee as is mentioned in paragraph 11 of Strand One of the Belfast Agreement.
	(3) Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1) or (2).
	(4) Standing orders shall include provision-
	(a) requiring the Presiding Officer to send a copy of each Bill, as soon as reasonably practicable after introduction, to the Northern Ireland Human Rights Commission; and
	(b) enabling the Assembly to ask the Commission, where the Assembly thinks fit, to advise whether a Bill is compatible with human rights (including the Convention rights).
	(5) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)-
	(a) the Judicial Committee decide that any provision of the Bill would not be within the legislative competence of the Assembly;
	(b) a decision is made in relation to the Bill under section 12(4) or (5); or
	(c) a motion under section 13(1) is passed by either House of Parliament.
	(6) Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected.
	(7) References in subsection (5) and other provisions of this Act to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.
	Royal Assent
Submission by Secretary of State.	12. - (1) It shall be the Secretary of State who submits Bills for Royal Assent.
	(2) The Secretary of State shall not submit a Bill for Royal Assent at any time when-
	(a) the Attorney General for Northern Ireland is entitled to make a reference in relation to a provision of the Bill under section 10; or
	(b) any such reference has been made but has not been decided or otherwise disposed of by the Judicial Committee.
	(3) If the Judicial Committee have decided that any provision of a Bill would be outside the legislative competence of the Assembly, the Secretary of State shall not submit the Bill in its unamended form for Royal Assent.
	(4) The Secretary of State may, unless he consents to it, decide not to submit for Royal Assent a Bill containing a provision-
	(a) which the Secretary of State considers deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
	(b) which the Secretary of State considers deals with a reserved matter,
	if the Bill has not been referred to him under subsection (3) of section 9 (whether by virtue of subsection (4)(a) of that section or otherwise) before the Assembly enters on its final stage.
	(5) The Secretary of State may decide not to submit for Royal Assent a Bill which contains provisions which he considers would be incompatible with any international obligations.
Parliamentary control where consent given.	13. - (1) Subject to subsection (2), a Bill to which the Secretary of State has consented under this Part shall not be submitted by him for Royal Assent unless he has first laid it before Parliament and either-
	(a) the period of 20 days beginning with the date of which it is laid has expired without notice having been given in either House of a motion that the Bill shall not be submitted for Royal Assent; or
	(b) if notice of such a motion is given within that period, the motion has been rejected or withdrawn.
	(2) Subsection (1) shall not apply to a Bill if the Secretary of State considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only.
	(3) Subsection (1) shall not apply to a Bill if the Secretary of State considers that by reason of urgency it should be submitted for Royal Assent without first being laid before Parliament.
	(4) Any Bill submitted by virtue of subsection (3) shall, if given Royal Assent, be laid before Parliament by the Secretary of State after Royal Assent, and if-
	(a) within the period of 20 days beginning with the date on which it is laid notice is given in either House of a motion praying that the Act of the Assembly shall cease to have effect; and
	(b) that motion is carried,
	Her Majesty may by Order in Council repeal that Act with effect from such date as may be specified in the Order.
	(5) An Order in Council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appears to Her Majesty to be necessary or expedient.
	(6) Any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the House in which it is given; and the period mentioned in that subsection shall be computed, in relation to each House, by reference only to days on which that House sits.

Prepared 15 July 1998