Northern Ireland Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Northern Ireland Bill

Northern Ireland Bill
1

A
Bill
To
Make provision for preparations for the restoration of devolved government
in Northern Ireland and for the selection of persons to be Ministers on such
restoration; to make provision as to the consequences of selecting or not
selecting such persons; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
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Preparations for restoration of devolved government
(1)
The Secretary of State may refer to the Assembly any of the following
matters—
(a)
the election from among its members of persons to hold the offices of
First Minister and deputy First Minister on the restoration of devolved
5
government in Northern Ireland,
(b)
the making of nominations from among its members of persons to hold
office as Northern Ireland Ministers on such restoration, and
(c)
such other matters as the Secretary of State thinks fit.
(2)
Schedule 1 contains provision about the Assembly.
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(3)
Nothing in this Act affects the operation of section 1 of the 2000 Act
(suspension of devolved government).
(4)
But subsection (3) is subject to section 2(7) and paragraphs 2 and 3 of Schedule
2.
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Selection of persons to be Ministers on restoration of devolved government
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(1)
Schedule 2 shall have effect if (and only if) the Secretary of State—
(a)
is satisfied that each of the following conditions is met, and
(b)
being so satisfied, notifies the presiding officer or any deputy presiding
officer of the Assembly, before 25th November 2006, that he intends to
make a restoration order in accordance with Schedule 2 on the date
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specified in the notification.

Bill 169 54/1

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(2)
Condition 1 is that the Assembly has elected from among its members—
(a)
a person to hold the office of First Minister, and
(b)
a person to hold the office of deputy First Minister,

on the coming into force of a restoration order.
(3)
Condition 2 is that persons have been nominated from among the members of
5
the Assembly to hold each of the Ministerial offices on the coming into force of
a restoration order.
(4)
Condition 3 is that each of the persons elected or nominated under this section
has affirmed the terms of the pledge of office in respect of the office for which
he has been elected or nominated.
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(5)
Schedule 3 shall have effect if (and only if) the Secretary of State does not give
the notification mentioned in subsection (1) before 25th November 2006.
(6)
In this section “the Ministerial offices” means the Ministerial offices provided
for by the determination under section 17(1) of the 1998 Act (Northern Ireland
Ministers) having effect immediately before the most recent suspension of the
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Northern Ireland Assembly by virtue of section 1 of the 2000 Act.
(7)
The following provisions of the 2000 Act are subject to this section—
(a)
section 1(4), and
(b)
paragraph 5 of the Schedule.
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Power to make consequential provision etc
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(1)
The Secretary of State may by order made by statutory instrument make—
(a)
any supplementary, incidental or consequential provision, and
(b)
any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of,
or for giving full effect to, any provision of this Act.
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(2)
An order under this section may in particular—
(a)
make different provision for different cases or purposes;
(b)
amend, repeal or revoke any enactment passed or made on or before
25th November 2006.
(3)
In this section “enactment” includes—
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(a)
any of sub-paragraphs (2) to (9) of paragraph 3 of Schedule 2,
(b)
any provision of, or of any instrument made under, Northern Ireland
legislation, and
(c)
any provision of subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)).
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4
Parliamentary procedure for orders under section 3
(1)
Subsections (3) to (7) have effect in the case of a statutory instrument which
contains (alone or with other provisions) an order under section 3 which
amends or repeals any provision of—
(a)
an Act, or
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(b)
Northern Ireland legislation.

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(2)
Any other statutory instrument containing an order under that section shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
A statutory instrument of a description mentioned in subsection (1) may not be
made unless a draft of the instrument has been laid before and approved by a
5
resolution of each House of Parliament.
(4)
But subsection (3) does not apply if the order declares that the Secretary of State
considers it expedient for the order to be made without that approval.
(5)
An order containing a declaration under subsection (4)—
(a)
must be laid before Parliament after being made, and
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(b)
ceases to have effect if it is not approved by a resolution of each House
of Parliament before the end of the period of 40 days beginning with the
date on which it is made.
(6)
Subsection (5)(b) does not prejudice—
(a)
anything done as a result of the order before it ceased to have effect, or
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(b)
the making of a new order.
(7)
In calculating the period of 40 days mentioned in subsection (5)(b), no account
is to be taken of any time during which Parliament is dissolved or prorogued
or during which both Houses are adjourned for more than four days.
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Interpretation
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In this Act—
“the 1998 Act” means the Northern Ireland Act 1998 (c. 47);
“the 2000 Act” means the Northern Ireland Act 2000 (c. 1);
“the Assembly” has the meaning given by paragraph 1 of Schedule 1;
“First Minister”, “deputy First Minister” and “Northern Ireland Minister”
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have the same meaning as in the 1998 Act;
“the pledge of office” has the meaning given by section 16(10) of the
1998 Act;
“restoration order” means a restoration order under section 2(2) of the
2000 Act (order restoring devolved government).
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6
Short title
This Act may be cited as the Northern Ireland Act 2006.

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Northern Ireland Bill
Schedule 1 — The Assembly

Schedules
Schedule 1
Section 1

The Assembly
The Assembly
1
There is to be an Assembly (referred to in this Act as “the Assembly”)—
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(a)
whose members at any time are to be the persons who are at that time
members of the Northern Ireland Assembly, and
(b)
whose purpose is to take part in preparations for the restoration of
devolved government in Northern Ireland.
Meetings
10
2
Meetings are to be held at such times and places as the Secretary of State
directs.
Presiding officer
3     (1)
The Secretary of State may—
(a)
appoint a presiding officer and no more than three deputy presiding
15
officers, or
(b)
authorise the Assembly to elect a presiding officer and no more than
three deputy presiding officers in such manner as the Secretary of
State may specify.
      (2)
The Secretary of State may if he thinks fit exercise his powers under sub-
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paragraph (1)(b) after exercising his powers under sub-paragraph (1)(a) (so
that an elected presiding officer and elected deputy presiding officers
replace those appointed by him).
      (3)
The Secretary of State may appoint a person, or authorise the Assembly to
elect a person—
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(a)
to fill any vacancy in the office of presiding officer or deputy
presiding officer, or
(b)
to replace a presiding officer or deputy presiding officer who, in the
opinion of the Secretary of State, is unable, unfit or unwilling to
perform his functions (whether because of illness or otherwise).
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Proceedings
4     (1)
Proceedings are to be conducted in accordance with directions determined
by the Secretary of State from time to time and notified to the presiding
officer or any deputy presiding officer.

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Schedule 2 — Selection of Ministers
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      (2)
The provision that may be made by the directions includes provision which
corresponds, or is similar, to any provision of standing orders made (or
treated as made) under section 41 of the 1998 Act.
      (3)
The provision that may be made by the directions for the purposes of the
election referred to in section 1(1)(a) of this Act includes provision which
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corresponds, or is similar, to any provision of section 16 of the 1998 Act.
      (4)
The provision that may be made by the directions for the purposes of the
nominations referred to in section 1(1)(b) of this Act includes provision
which corresponds, or is similar, to any provision of section 18 of the
1998 Act.
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      (5)
Sub-paragraphs (2) to (4) do not affect the generality of sub-paragraph (1).
Staff etc
5     (1)
The Secretary of State must secure the provision of the services of such staff,
the use of such premises and such other facilities as he thinks appropriate.
      (2)
Expenditure incurred by the Secretary of State by virtue of this paragraph is
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to be paid out of the Consolidated Fund of Northern Ireland.
Privilege
6
A written or oral statement made by a member in or for the purposes of the
Assembly is to be privileged from action for defamation unless it is proved
to have been made with malice.
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Schedule 2
Section 2(1)

Selection of Ministers
Introduction
1     (1)
This Schedule has effect in accordance with section 2(1).
      (2)
In this Schedule “the effective date” means the date on which the restoration
25
order made by virtue of paragraph 2 comes into force.
Making of restoration order
2     (1)
The Secretary of State must make a restoration order on the date specified in
the notification under section 2(1).
      (2)
The restoration order must come into force on the day following the day on
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which it is made.
      (3)
Subsections (2) to (7) of section 3 of the 2000 Act do not apply in relation to
the restoration order (and, accordingly, no person who immediately before
the most recent suspension held an office mentioned in any of those
subsections shall resume that office on the effective date).
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      (4)
On the effective date—
(a)
the person elected under section 2 of this Act to hold office as First
Minister shall become the First Minister,

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Schedule 2 — Selection of Ministers
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(b)
the person elected under that section to hold office as deputy First
Minister shall become the deputy First Minister, and
(c)
each person nominated under that section to hold office as a
Northern Ireland Minister shall become the Northern Ireland
Minister concerned;
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(and sections 16(1) and 18(1) of the 1998 Act do not apply).
      (5)
The affirmation of the terms of the pledge of office under section 2 of this Act
by a person to whom sub-paragraph (4) applies shall be deemed to have
been made under the 1998 Act on the effective date.
      (6)
The person who is presiding officer of the Assembly immediately before the
10
effective date shall be deemed to have been elected as Presiding Officer of
the Northern Ireland Assembly under section 39(1) of the 1998 Act on that
date.
      (7)
Each person who is a deputy presiding officer of the Assembly immediately
before the effective date shall be deemed to have been elected as a deputy
15
Presiding Officer of the Northern Ireland Assembly under section 39(1) of
the 1998 Act on that date.
      (8)
The provision that may be made by the restoration order by virtue of section
7(2) of the 2000 Act includes provision—
(a)
for treating things done under or by virtue of this Act as having been
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done under or by virtue of the 1998 Act;
(b)
for treating things done by or in relation to the Assembly (or
members of that Assembly) as having been done by or in relation to
the Northern Ireland Assembly (or members of that Assembly).
      (9)
The following provisions of the 2000 Act do not apply in relation to the
25
restoration order—
(a)
section 2(3) (taking account of review under Validation,
Implementation and Review section of Belfast Agreement), and
(b)
section 7(4) to (7) (affirmative resolution etc procedure).
     (10)
In this paragraph “the most recent suspension” means the most recent
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suspension of the Northern Ireland Assembly by virtue of section 1 of the
2000 Act.
Repeal of the 2000 Act on day after restoration order comes into force
3     (1)
The 2000 Act shall be repealed on the day following the effective date.
      (2)
The Northern Ireland Assembly may not make a determination under
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section 47 of the 1998 Act in respect of any period of suspension.
      (3)
No instrument made during any period of suspension shall be liable to
annulment or capable of being revoked in pursuance of a resolution, motion
or address of the Northern Ireland Assembly.
      (4)
Neither a restoration order nor the repeal of paragraph 1(1) of the Schedule
40
to the 2000 Act shall affect the operation of any Order in Council made
before the effective date under paragraph 1(1) of that Schedule.
      (5)
References to Acts of the Northern Ireland Assembly in any enactment or
instrument (whether passed or made before or after the coming into force of
section 1 of the 2000 Act) are to be read, so far as the context permits, as
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Schedule 2 — Selection of Ministers
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including references to Orders in Council made under paragraph 1(1) of the
Schedule to that Act.
      (6)
The repeal of section 6 of the 2000 Act by virtue of this paragraph shall not
affect the operation of any order previously made under that section.
      (7)
The repeal of section 7 of the 2000 Act by virtue of this paragraph shall not
5
affect the operation of any provision of a restoration order previously made
by virtue of subsection (2) of that section.
      (8)
The repeal of paragraph 9 of the Schedule to the 2000 Act by virtue of this
paragraph shall not affect the operation of any determination or provision
previously made by virtue of that paragraph.
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      (9)
Subsection (4) of section 44 of the 1998 Act shall continue to include, at the
end of that subsection, the words “or during a period when section 1 of the
Northern Ireland Act 2000 was in force” (notwithstanding the repeal of
section 9(3) of the 2000 Act by virtue of this paragraph).
     (10)
In this paragraph—
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“instrument” includes a charter, contract or other document;
“period of suspension” means a period when section 1 of the 2000 Act
was in force.
     (11)
Sub-paragraphs (2) to (9) are not to be taken as limiting the provision that
may be made by an order under section 3 of this Act.
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Postponement of next Northern Ireland Assembly election to May 2008
4     (1)
In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections
and dissolutions), for subsection (2) substitute—
“(2)
In relation to the poll for the election of the Assembly next following
the Assembly elected at the poll on 26th November 2003, subsection
25
(1) is to have effect as if for “fourth calendar year” there were
substituted “fifth calendar year”.”
      (2)
In section 96 of the 1998 Act—
(a)
in subsection (2), “31(2),” shall be repealed;
(b)
subsections (2A) to (2D) shall be repealed.
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      (3)
The amendments made by this paragraph shall have effect on and after the
effective date.
Repeal of section 1(1) and (2) and Schedules 1 and 3
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The following provisions of this Act shall be repealed on the effective date—
(a)
section 1(1) and (2),
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(b)
Schedule 1, and
(c)
Schedule 3.