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6 Secretary of State’s powers in exceptional circumstances | |
After section 30A of the Northern Ireland Act 1998 (c. 47) there is inserted— | |
“30B Secretary of State’s powers in exceptional circumstances | |
(1) Notwithstanding the provisions of section 30A, under exceptional | |
circumstances the Secretary of State may by direction temporarily | 5 |
exclude a Minister or junior Minister. | |
(2) An exclusion under subsection (1) shall only remain in effect until | |
either— | |
(a) a report from the Commission has been made; or | |
(b) the Assembly has considered a resolution under 30(1) or (2); or | 10 |
(c) a period of two weeks has elapsed. | |
(3) in subsection (1) “exceptional circumstances” include where— | |
(a) there is insufficient time for the Commission to make a report; | |
and | |
(b) there is insufficient time for the Assembly to consider a | 15 |
resolution under section 30(1) or (2). | |
(4) A direction made under this section shall be in writing and shall be laid | |
before Parliament after the direction is given.” | |
Other provisions | |
7 Reduction of remuneration | 20 |
(1) After section 47 of the Northern Ireland Act 1998 (c. 47) there is inserted— | |
“47A Resolutions about reduction of remuneration | |
(1) If, in relation to the salary payable under section 47 to a Minister or | |
junior Minister, the Assembly resolves that the whole or a specified | |
part of the salary payable for a specified period shall not be payable— | 25 |
(a) because he is not committed to non-violence and exclusively | |
peaceful and democratic means, or | |
(b) because of any failure of his to observe any other terms of the | |
pledge of office, | |
the salary payable to him under that section shall be reduced | 30 |
accordingly. | |
(2) If, in relation to the salaries payable under section 47 to members of the | |
Assembly who are members of a particular political party, the | |
Assembly resolves that the whole or a specified part of the salaries | |
payable for a specified period shall not be payable— | 35 |
(a) because that party is not committed to non-violence and | |
exclusively peaceful and democratic means, or | |
(b) because it is not committed to such of its members as are or | |
might become Ministers or junior Ministers observing the other | |
terms of the pledge of office, | 40 |
the salaries payable to them under that section shall be reduced | |
accordingly. | |
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(3) The Assembly may, before the end of the period by reference to which | |
a reduction under subsection (1) or (2) falls to be made, by resolution | |
extend that period. | |
(4) The Assembly may, before the end of the period by reference to which | |
provision for non-payability under section 47B(2) or (5) applies, by | 5 |
resolution extend that period. | |
(5) The period by reference to which a reduction under subsection (1) or (2) | |
falls to be made shall come to an end if the Assembly— | |
(a) is dissolved; or | |
(b) resolves to bring the reduction to an end. | 10 |
(6) A motion for a resolution under this section shall not be moved | |
unless— | |
(a) it is supported by at least 30 members of the Assembly; | |
(b) it is moved by the First Minister and the deputy First Minister | |
acting jointly; or | 15 |
(c) it is moved by the Presiding Officer in pursuance of a notice | |
under subsection (7). | |
(7) If the Secretary of State is of the opinion that the Assembly ought to | |
consider a resolution under this section, he shall serve a notice on the | |
Presiding Officer requiring him to move a motion for such a resolution. | 20 |
(8) In forming an opinion under subsection (7), the Secretary of State shall | |
in particular take into account the matters listed in section 30(7). | |
(9) A resolution under this section shall not be passed without cross- | |
community support. | |
(10) In this section, a reference to— | 25 |
(a) the period by reference to which a reduction under subsection | |
(1) or (2) falls to be made, or | |
(b) the period by reference to which provision for non-payability | |
under section 47B(2) or (5) applies, | |
is, where the period has been extended, a reference to the period as | 30 |
extended. | |
47B Secretary of State’s powers in relation to reduction of remuneration | |
(1) This section applies if— | |
(a) the Monitoring Commission has, or members of that | |
Commission have under the agreement establishing it, made a | 35 |
report containing a recommendation about steps the Assembly | |
might consider taking; | |
(b) the taking of those steps by the Assembly requires the passing | |
by it of a resolution under section 47A(1), (2), (3) or (4) in | |
relation to a Minister, junior Minister or political party; and | 40 |
(c) the first motion for a resolution under that provision in relation | |
to the Minister, junior Minister or political party concerned that | |
is put to the vote after the making of the report does not attract | |
cross-community support. | |
(2) Where this section applies because of the failure of a motion for a | 45 |
resolution under section 47A(1), the Secretary of State may, in relation | |
to the salary payable under section 47 to the Minister or junior Minister | |
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concerned, by direction provide that the whole or a specified part of the | |
salary payable for a specified period shall not be payable (subject to | |
subsection (4)). | |
(3) Where this section applies because of— | |
(a) the failure of a motion for a resolution under section 47A(3) to | 5 |
extend a period by reference to which a reduction under section | |
47A(1) falls to be made, or | |
(b) the failure of a motion for a resolution under section 47A(4) to | |
extend a period by reference to which provision for non- | |
payability under subsection (2) applies, | 10 |
the Secretary of State may, before the end of that period, by direction | |
extend that period (subject to subsection (4)). | |
(4) The Secretary of State may exercise the power under subsection (2) or | |
(3) only if he is satisfied that the Minister or junior Minister | |
concerned— | 15 |
(a) is not committed to non-violence and exclusively peaceful and | |
democratic means; or | |
(b) has failed to observe any other terms of the pledge of office. | |
(5) Where this section applies because of the failure of a motion for a | |
resolution under section 47A(2), the Secretary of State may, in relation | 20 |
to the salaries payable under section 47 to members of the Assembly | |
who are members of the political party concerned, by direction provide | |
that the whole or a specified part of the salaries payable for a specified | |
period shall not be payable (subject to subsection (7)). | |
(6) Where this section applies because of— | 25 |
(a) the failure of a motion for a resolution under section 47A(3) to | |
extend a period by reference to which a reduction under section | |
47A(2) falls to be made, or | |
(b) the failure of a motion for a resolution under section 47A(4) to | |
extend a period by reference to which provision for non- | 30 |
payability under subsection (5) applies, | |
the Secretary of State may, before the end of that period, by direction | |
extend that period (subject to subsection (7)). | |
(7) The Secretary of State may exercise the power under subsection (5) or | |
(6) only if he is satisfied that the political party concerned— | 35 |
(a) is not committed to non-violence and exclusively peaceful and | |
democratic means; or | |
(b) is not committed to such of its members as are or might become | |
Ministers or junior Ministers observing the other terms of the | |
pledge of office. | 40 |
(8) The period by reference to which provision for non-payability under | |
subsection (2) or (5) applies shall come to an end if— | |
(a) the Secretary of State by direction so provides; or | |
(b) the Assembly is dissolved. | |
(9) In subsection (1)(a) “the Monitoring Commission” means the | 45 |
Commission mentioned in section 1 of the Northern Ireland | |
(Monitoring Commission) Act 2003. | |
(10) In this section, a reference to— | |
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(a) the period by reference to which provision for non-payability | |
under subsection (2) or (5) applies, or | |
(b) the period by reference to which a reduction under section | |
47A(1) or (2) falls to be made, | |
is, where the period has been extended, a reference to the period as | 5 |
extended. | |
47C Sections 47A and 47B: specified periods and extensions | |
(1) A period specified under section 47A(1) or (2) or 47B(2) or (5)— | |
(a) shall begin no earlier than the end of the day when the | |
resolution or direction specifying it is passed or given; | 10 |
(b) shall begin no later than the end of the period of one month | |
beginning with that day; and | |
(c) shall not be longer than 12 months. | |
(2) The power under section 47A(3) or (4) or 47B(3) or (6) to extend a period | |
is a power to extend it until the end of such period of not more than 12 | 15 |
months beginning with the date of the resolution, or direction, by | |
which the power is exercised as the resolution or direction may | |
provide.” | |
(2) In section 48 of that Act (pensions of members), after subsection (2) there is | |
inserted— | 20 |
“(2A) Where any salary payable to a person under section 47 is not payable | |
because of either or both of sections 47A and 47B, any provision made | |
under this section for the payment of pensions which has effect in | |
relation to him shall apply as if the salary were payable.” | |
8 Reduction of financial assistance | 25 |
After section 51 of the Northern Ireland Act 1998 (c. 47) there is inserted— | |
“51A Resolutions about reduction of financial assistance | |
(1) If the Assembly resolves that the whole or a specified part of any | |
financial assistance payable for a specified period under the Financial | |
Assistance for Political Parties Act (Northern Ireland) 2000 to a | 30 |
particular political party shall not be payable— | |
(a) because it is not committed to non-violence and exclusively | |
peaceful and democratic means, or | |
(b) because it is not committed to such of its members as are or | |
might become Ministers or junior Ministers observing the other | 35 |
terms of the pledge of office, | |
the financial assistance payable to it under that Act shall be reduced | |
accordingly. | |
(2) The Assembly may, before the end of the period by reference to which | |
a reduction under subsection (1) falls to be made, by resolution extend | 40 |
that period. | |
(3) The Assembly may, before the end of the period by reference to which | |
provision for non-payability under section 51B(2) applies, by resolution | |
extend that period. | |
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(4) The period by reference to which a reduction under subsection (1) falls | |
to be made shall come to an end if the Assembly— | |
(a) is dissolved; or | |
(b) resolves to bring the reduction to an end. | |
(5) A motion for a resolution under this section shall not be moved | 5 |
unless— | |
(a) it is supported by at least 30 members of the Assembly; | |
(b) it is moved by the First Minister and the deputy First Minister | |
acting jointly; or | |
(c) it is moved by the Presiding Officer in pursuance of a notice | 10 |
under subsection (6). | |
(6) If the Secretary of State is of the opinion that the Assembly ought to | |
consider a resolution under this section, he shall serve a notice on the | |
Presiding Officer requiring him to move a motion for such a resolution. | |
(7) In forming an opinion under subsection (6), the Secretary of State shall | 15 |
in particular take into account the matters listed in section 30(7). | |
(8) A resolution under this section shall not be passed without cross- | |
community support. | |
(9) In this section, a reference to— | |
(a) the period by reference to which a reduction under subsection | 20 |
(1) falls to be made, or | |
(b) the period by reference to which provision for non-payability | |
under section 51B(2) applies, | |
is, where the period has been extended, a reference to the period as | |
extended. | 25 |
51B Secretary of State’s powers in relation to reduction of financial | |
assistance | |
(1) This section applies if— | |
(a) the Monitoring Commission has, or members of that | |
Commission have under the agreement establishing it, made a | 30 |
report containing a recommendation about steps the Assembly | |
might consider taking; | |
(b) the taking of those steps by the Assembly requires the passing | |
by it of a resolution under section 51A(1), (2) or (3) in relation to | |
a political party; and | 35 |
(c) the first motion for a resolution under that provision in relation | |
to the political party concerned that is put to the vote after the | |
making of the report does not attract cross-community support. | |
(2) Where this section applies because of the failure of a motion for a | |
resolution under section 51A(1), the Secretary of State may by direction | 40 |
provide that the whole or a specified part of any financial assistance | |
payable for a specified period under the Financial Assistance for | |
Political Parties Act (Northern Ireland) 2000 to the political party | |
concerned shall not be payable (subject to subsection (5)). | |
(3) Where this section applies because of the failure of a motion for a | 45 |
resolution under section 51A(2) to extend the period by reference to | |
which a reduction under section 51A(1) falls to be made, the Secretary | |
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of State may, before the end of that period, by direction extend that | |
period (subject to subsection (5)). | |
(4) Where this section applies because of the failure of a motion for a | |
resolution under section 51A(3) to extend the period by reference to | |
which provision for non-payability under subsection (2) applies, the | 5 |
Secretary of State may, before the end of that period, by direction | |
extend that period (subject to subsection (5)). | |
(5) The Secretary of State may exercise the power under subsection (2), (3) | |
or (4) only if he is satisfied that the political party concerned— | |
(a) is not committed to non-violence and exclusively peaceful and | 10 |
democratic means; or | |
(b) is not committed to such of its members as are or might become | |
Ministers or junior Ministers observing the other terms of the | |
pledge of office. | |
(6) The period by reference to which provision for non-payability under | 15 |
subsection (2) applies shall come to an end if— | |
(a) the Secretary of State by direction so provides; or | |
(b) the Assembly is dissolved. | |
(7) In subsection (1)(a) “the Monitoring Commission” means the | |
Commission mentioned in section 1 of the Northern Ireland | 20 |
(Monitoring Commission) Act 2003. | |
(8) In this section, a reference to— | |
(a) the period by reference to which provision for non-payability | |
under subsection (2) applies, or | |
(b) the period by reference to which a reduction under section | 25 |
51A(1) falls to be made, | |
is, where the period has been extended, a reference to the period as | |
extended. | |
51C Sections 51A and 51B: specified periods and extensions | |
(1) A period specified under section 51A(1) or 51B(2)— | 30 |
(a) shall begin no earlier than the end of the day when the | |
resolution or direction specifying it is passed or given; | |
(b) shall begin no later than the end of the financial year in which | |
that day falls; and | |
(c) shall not be longer than 12 months. | 35 |
(2) The power under section 51A(2) or (3) or 51B(3) or (4) to extend a period | |
is a power to extend it until the end of such period of not more than 12 | |
months beginning with the date of the resolution, or direction, by | |
which the power is exercised as the resolution or direction may | |
provide.” | 40 |
9 Censure resolutions | |
After section 51C of the Northern Ireland Act 1998 (c. 47) there is inserted— | |
“51D Censure resolutions | |
(1) This section applies to the following resolutions of the Assembly— | |
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(a) a resolution censuring a Minister or junior Minister— | |
(i) because he is not committed to non-violence and | |
exclusively peaceful and democratic means; or | |
(ii) because of any failure of his to observe any other terms | |
of the pledge of office; | 5 |
(b) a resolution censuring a political party— | |
(i) because it is not committed to non-violence and | |
exclusively peaceful and democratic means; or | |
(ii) because it is not committed to such of its members as are | |
or might become Ministers or junior Ministers observing | 10 |
the other terms of the pledge of office. | |
(2) A motion for a resolution to which this section applies shall not be | |
moved unless— | |
(a) it is supported by at least 30 members of the Assembly; | |
(b) it is moved by the First Minister and the deputy First Minister | 15 |
acting jointly; or | |
(c) it is moved by the Presiding Officer in pursuance of a notice | |
under subsection (3). | |
(3) If the Secretary of State is of the opinion that the Assembly ought to | |
consider a resolution to which this section applies, he shall serve a | 20 |
notice on the Presiding Officer requiring him to move a motion for such | |
a resolution. | |
(4) In forming an opinion under subsection (3), the Secretary of State shall | |
in particular take into account the matters listed in section 30(7). | |
(5) A resolution to which this section applies shall not be passed without | 25 |
cross-community support.” | |
General | |
10 Secretary of State’s directions: procedure etc | |
(1) After section 95 of the Northern Ireland Act 1998 (c. 47) there is inserted— | |
“95A Directions under sections 30A, 47B and 51B | 30 |
(1) A direction under section 30A, 47B or 51B shall be in writing. | |
(2) A copy of the document containing a direction under section 30A(8)(a), | |
47B(8)(a) or 51B(6)(a) shall be laid before Parliament after the direction | |
is given. | |
(3) A direction under section 30A, 47B or 51B, other than one to which | 35 |
subsection (2) above applies, shall not be given unless a draft of the | |
document containing it has been laid before and approved by | |
resolution of each House of Parliament. | |
(4) Subsection (3) does not apply to a direction if the direction declares that | |
the Secretary of State considers it expedient for the direction to be made | 40 |
without the approval mentioned in that subsection, but subsections (5) | |
to (7) apply to the direction instead. | |
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