Northern Ireland (St Andrews Agreement) Bill

House of Commons

Session 2006 - 07
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Northern Ireland (St Andrews Agreement) Bill

Northern Ireland (St Andrews Agreement) Bill
Part 2 — Amendments of the Northern Ireland Act 1998 etc
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(2)
A Minister or junior Minister who participates in a meeting of either the
North-South Ministerial Council or the British-Irish Council by virtue
of any provision of section 52A or 52B shall, as soon as reasonably
practicable after the meeting, make a report—
(a)
to the Executive Committee; and
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(b)
to the Assembly.
(3)
A report under subsection (2)(b) shall be made orally unless standing
orders authorise it to be made in writing.
(4)
The Northern Ireland contributions towards the expenses of the
Councils shall be defrayed as expenses of the Office of the First Minister
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and deputy First Minister.
(5)
In sections 52A and 52B and this section “participate” shall be
construed—
(a)
in relation to the North-South Ministerial Council, in
accordance with paragraphs 5 and 6 of Strand Two of the Belfast
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Agreement;
(b)
in relation to the British-Irish Council, in accordance with the
first paragraph 5 of Strand Three of that Agreement.”
Miscellaneous
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Community designation
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In section 4 of the 1998 Act (transferred, excepted and reserved matters), after
subsection (5) insert—
“(5A)
Standing orders of the Assembly shall provide that a member of the
Assembly designated in accordance with the standing orders as a
Nationalist, as a Unionist or as Other may change his designation only
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if—
(a)
(being a member of a political party) he becomes a member of a
different political party or he ceases to be a member of any
political party;
(b)
(not being a member of any political party) he becomes a
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member of a political party.”
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Power of Executive Committee to call for witnesses and documents
After section 28B of the 1998 Act insert—
“Executive Committee: further provisions
28C
Power of Executive Committee to call for witnesses and documents
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Section 44 applies to the Executive Committee as it applies to the
Assembly, but as if—
(a)
in subsection (1), for “any person” there were substituted “a
senior officer of a Northern Ireland department (within the
meaning given by Article 2(3) of the Departments (Northern
40
Ireland) Order 1999)”;

Northern Ireland (St Andrews Agreement) Bill
Part 2 — Amendments of the Northern Ireland Act 1998 etc
16

(b)
at the end of that subsection there were inserted “but only in so
far as they are matters in relation to which the Executive
Committee’s functions under section 20(3) or (4) are
exercisable”;
(c)
subsection (6) were omitted; and
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(d)
in subsection (7), for “The Presiding Officer” there were
substituted “The First Minister and the deputy First Minister
acting jointly”.”
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Strategies relating to Irish language and Ulster Scots language etc
After section 28C of the 1998 Act insert—
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“28D
Strategies relating to Irish language and Ulster Scots language etc
(1)
The Executive Committee shall adopt a strategy setting out how it
proposes to enhance and protect the development of the Irish language.
(2)
The Executive Committee shall adopt a strategy setting out how it
proposes to enhance and develop the Ulster Scots language, heritage
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and culture.
(3)
The Executive Committee—
(a)
must keep under review each of the strategies; and
(b)
may from time to time adopt a new strategy or revise a
strategy.”
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Strategy relating to poverty, social exclusion etc
After section 28D of the 1998 Act insert—
“28E
Strategy relating to poverty, social exclusion etc
(1)
The Executive Committee shall adopt a strategy setting out how it
proposes to tackle poverty, social exclusion and patterns of deprivation
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based on objective need.
(2)
The Executive Committee—
(a)
must keep under review the strategy; and
(b)
may from time to time adopt a new strategy or revise the
strategy.”
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17
Vacancy in the Assembly
In Schedule 6 to the 1998 Act (which makes certain provision about standing
orders), after paragraph 4 insert—
“Votes in vacancy
5
The standing orders may include provision enabling a right to vote
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in the Assembly which could have been exercised but for a vacancy
in the membership of the Assembly to be exercisable in such manner
as is so provided.”

Northern Ireland (St Andrews Agreement) Bill
Part 2 — Amendments of the Northern Ireland Act 1998 etc
17

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Report on progress towards devolution of policing and justice matters
(1)
The Northern Ireland Assembly must make a report to the Secretary of State
before 27 March 2008—
(a)
as to the preparations that the Assembly has made, and intends to
make, having regard to paragraph 7 of the St Andrews Agreement, for
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or in connection with policing and justice matters ceasing to be
reserved matters;
(b)
as to which matters are likely to be the subject of any request under
section 4(2A) of the 1998 Act that policing and justice matters should
cease to be reserved matters;
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(c)
containing an assessment of whether the Assembly is likely to make
such a request before 1 May 2008.
(2)
The Secretary of State must lay a copy of the report before each House of
Parliament.
(3)
Paragraph 7 of the St Andrews Agreement says:
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“Discussions on the devolution of policing and justice have progressed
well in the Preparation for Government Committee. The Governments
have requested the parties to continue these discussions so as to agree
the necessary administrative arrangements to create a new policing and
justice department. It is our view that implementation of the agreement
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published today should be sufficient to build the community
confidence necessary for the Assembly to request the devolution of
criminal justice and policing from the British Government by May
2008.”
(4)
In this section “policing and justice matter” has the meaning given by section
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4(6) of the 1998 Act (as inserted by section 16(5) of the Northern Ireland
(Miscellaneous Provisions) Act 2006 (c. 33)) and “reserved matter” has the
meaning given by section 4(1) of the 1998 Act.
(5)
In section 16(3) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in
the inserted section 4(2A) of the 1998 Act, for “devolved policing and justice
30
matter” substitute “policing and justice matter”.
(6)
In section 16(5) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in
the inserted section 4(6) of the 1998 Act, for ““devolved policing and justice
matter”” substitute ““policing and justice matter””.
(7)
In section 17(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in
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the inserted section 21A(8)(b) of the 1998 Act, for “devolved policing and
justice matter” substitute “policing and justice matter”.
(8)
The subject-matter of subsections (1) and (2) is to be treated as a reserved
matter for the purposes of the 1998 Act.
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Minor and consequential amendments
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Schedule 7 (minor and consequential amendments relating to Part 2) has effect.

Northern Ireland (St Andrews Agreement) Bill
Part 4 — Supplemental
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Part 3
Other amendments
Policing
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District policing partnerships
(1)
Schedule 8 (reconstitution of district policing partnerships) has effect.
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(2)
Schedule 9 (district policing partnerships: Belfast sub-groups) has effect.
Education
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Amendment of Education (Northern Ireland) Order 2006 etc
(1)
In Article 1 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915
(N.I. 11)), in paragraph (6), for sub-paragraphs (a) and (b) substitute—
10
“(a)
if Schedule 4 to the Northern Ireland (St Andrews Agreement)
Act 2006 comes into force, on such date as the Department may
by order appoint;
(b)
if Schedule 3 to that Act comes into force, on the date on which
that Schedule comes into force;”.
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(2)
In Article 16 of the Education (Northern Ireland) Order 1997 (S.I. 1997/866
(N.I. 5)) (as substituted by Article 28(1) of the 2006 Order), in paragraph (5), in
the opening words, after “a secondary school” insert “or of a secondary school
of a specified description”.
(3)
The amendment made by subsection (2) shall come into force if (and only if)
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Schedule 4 comes into force.
(4)
If the amendment comes into force in accordance with subsection (3), it shall
come into force on 28 March 2007.
(5)
If Schedule 3 comes into force, subsections (2) to (4) shall be repealed on the
date on which that Schedule comes into force.
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Part 4
Supplemental
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Repeal of the 2006 Act
The 2006 Act is repealed.
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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—

Northern Ireland (St Andrews Agreement) Bill
Part 4 — Supplemental
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(a)
make different provision for different cases or purposes;
(b)
amend, repeal or revoke any enactment passed or made on or before
28 March 2007.
(3)
In this section “enactment” includes—
(a)
any of sub-paragraphs (1) to (8) of paragraph 2 of Schedule 4,
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(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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Parliamentary procedure for orders under section 23
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(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 23 which
amends or repeals any provision of—
(a)
an Act, or
(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
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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 2006 Act” means the Northern Ireland Act 2006 (c. 17);
“First Minister”, “deputy First Minister” and “Northern Ireland Minister”
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have the same meaning as in the 1998 Act;
“restoration order” means a restoration order under section 2(2) of the
2000 Act (order restoring devolved government);

Northern Ireland (St Andrews Agreement) Bill
Part 4 — Supplemental
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“the St Andrews Agreement” means the agreement reached on 13 October
2006 at multi-party talks on Northern Ireland held at St Andrews;
“the Transitional Assembly” has the meaning given by section 1(1) of this
Act.
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Extent
5
(1)
The following provisions of this Act extend to Northern Ireland only—
(a)
section 20 and Schedules 8 and 9;
(b)
section 21.
(2)
Subject to that, this Act extends to England and Wales, Scotland and Northern
Ireland.
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Commencement
(1)
Schedules 2 to 4 shall only come into force in the circumstances specified in,
and in accordance with, section 2.
(2)
Subject to paragraph 3(1)(b) of Schedule 3, section 3(1) shall come into force on
26 January 2007.
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(3)
The following provisions shall come into force on such day as the Secretary of
State may by order made by statutory instrument appoint, and different days
may be appointed for different purposes—
(a)
section 4;
(b)
section 20(1) and Schedule 8.
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(4)
Part 2 (including Schedules 5 to 7) shall come into force if (and only if) the
Secretary of State makes a restoration order by virtue of section 2(2).
(5)
If that Part comes into force in accordance with subsection (4), it shall come into
force on 26 March 2007.
(6)
Section 20(2) and Schedule 9 shall come into force in accordance with provision
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made by an order under section 19(2) of the Police (Northern Ireland) Act 2003
(c. 6).
(7)
Section 21(2) shall only come into force in the circumstances specified in, and
in accordance with, subsections (3) and (4) of that section.
(8)
Subject to that, this Act shall come into force on the day on which it is passed.
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Short title
This Act may be cited as the Northern Ireland (St Andrews Agreement) Act
2006.