Northern Ireland Bill

Northern Ireland Bill - continued	House of Commons
PART IV, THE NORTHERN IRELAND ASSEMBLY - continued

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	Remuneration and pensions
Remuneration of members.	38. - (1) The Assembly shall pay to members of the Assembly such salaries as the Assembly may from time to time determine.
	(2) The Assembly may pay to members of the Assembly such allowances as the Assembly may from time to time determine.
	(3) A determination under this section may provide-
	(a) for higher salaries to be payable to members of the Assembly-
	(i) holding a Ministerial office;
	(ii) holding office as Presiding Officer or deputy; or
	(iii) holding an office specified in standing orders; and
	(b) for different salaries to be payable to members of the Assembly holding different such offices.
	(4) A determination under this section shall provide that, if a salary is payable to a member of the Assembly as a member of either House of Parliament or of the European Parliament, his salary as a member of the Assembly shall be reduced-
	(a) to a proportion of what it would otherwise be or to a particular amount; or
	(b) by the amount of the other salary payable to him, by a proportion of that amount or by some other amount.
	(5) A determination under this section may provide for different allowances for different cases.
	(6) A determination under this section may provide for salaries or allowances to change from time to time by reference to other amounts or specified formulas.
	(7) The Assembly may not delegate the function of making a determination under this section.
	(8) Standing orders must include provision for the publication of every determination under this section.
	(9) For the purposes of this section-
	(a) a person's membership of the Assembly begins on the day on which he takes his seat in accordance with standing orders; and
	(b) a person's holding of such an office as is mentioned in subsection (3)(a) begins on the day on which he takes up office.
	(9) In this section "Ministerial office" means office as the First Minister, the deputy First Minister or a Northern Ireland Minister.
	(10) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.
Pensions of members.	39. - (1) The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who-
	(a) has ceased to be a member of the Assembly; or
	(b) has ceased to hold such an office as is mentioned in section 38(3)(a) but continues to be a member of the Assembly.
	(2) Such provision may, in particular, include provision for-
	(a) contributions or payments towards provision for such pensions, gratuities or allowances;
	(b) the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.
	(3) In this section-
	"the Commission" means the Northern Ireland Assembly Commission;
	"provision" includes provision-
	(a) by an Act of the Assembly; or
	(b) by a resolution of the Assembly conferring functions on the Commission.
	(4) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.
	Miscellaneous
Letters Patent etc.	40. - (1) Her Majesty may by Order in Council make provision as to-
	(a) the form and manner of preparation; and
	(b) the publication,
	of Letters Patent signed with Her Majesty's own hand signifying Her Assent to a Bill passed by the Assembly.
	(2) If the First Minister and the deputy First Minister acting jointly so direct, impressions with the same device as the Great Seal of Northern Ireland shall be taken in such manner, of such size and on such material as is specified in the direction.
	(3) Each such impression-
	(a) shall be known as a Wafer Great Seal of Northern Ireland; and
	(b) shall be kept in accordance with directions of the First Minister and the deputy First Minister acting jointly.
	(4) If a Wafer Great Seal of Northern Ireland has been applied to Letters Patent mentioned in subsection (1), the document has the same validity as if it had passed under the Great Seal of Northern Ireland.
Privilege.	41. - (1) For the purposes of the law of defamation, absolute privilege shall attach to-
	(a) the making of a statement in proceedings of the Assembly; and
	(b) the publication of a statement under the Assembly's authority.
	(2) A person is not guilty of contempt of court under the strict liability rule as the publisher of any matter-
	(a) in the course of proceedings of the Assembly which relate to a Bill or subordinate legislation; or
	(b) to the extent that it consists of a report of such proceedings.
	(3) In this section-
	"statement" has the same meaning as in the Defamation Act 1996;
	"the strict liability rule" has the same meaning as in the Contempt of Court Act 1981.
Resignation of members.	42. A member of the Assembly may at any time resign his seat by notice in writing to the Presiding Officer.
Prorogation.	43. - (1) Her Majesty may by Order in Council prorogue or further prorogue the Assembly.
	(2) Except in the case of an Order in Council-
	(a) proroguing the Assembly for a period of four months or less; and
	(b) not extending a previous period of prorogation,
	no recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been approved by resolution of each House of Parliament.
	(3) An Order in Council under this section proroguing the Assembly shall specify the period of prorogation and the Assembly shall meet at the expiration of that period; but this is-
	(a) without prejudice to the power of Her Majesty to recall it earlier; and
	(b) subject to any further prorogation or any dissolution by or under section 24 before the expiration of that period.

Prepared 15 July 1998