Northern Ireland (St Andrews Agreement) Bill

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Northern Ireland (St Andrews Agreement) Bill

Northern Ireland (St Andrews Agreement) Bill
Schedule 1 — The Transitional Assembly
21

Schedules
Schedule 1
Section 1

The Transitional Assembly
Meetings
1     (1)
Meetings are to be held at such times and places as the presiding officer or
5
any deputy presiding officer of the Transitional Assembly may notify to the
members; and a meeting of the Transitional Assembly must be held on
24 November 2006.
      (2)
But the Secretary of State may at any time direct that meetings are instead to
be held at such times and places as may be specified in the direction.
10
Proceedings
2     (1)
Proceedings are to be conducted in accordance with standing orders (see
paragraph 9).
      (2)
But the Secretary of State may at any time direct that proceedings are instead
to be conducted in accordance with the direction.
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Nominations for First Minister and deputy First Minister
3     (1)
The proceedings to be conducted by the Transitional Assembly shall include
the making of nominations from among its members of persons to hold
office as First Minister and deputy First Minister on the restoration of
devolved government in Northern Ireland.
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      (2)
Such nominations may be made notwithstanding section 1(4) of, and
paragraph 5 of the Schedule to, the 2000 Act.
Draft Ministerial Code
4     (1)
The proceedings to be conducted by the Transitional Assembly shall include
the preparation and consideration of a draft Ministerial Code.
25
      (2)
If the Transitional Assembly approves the draft Ministerial Code (with or
without amendments) before 24 March 2007, the approved draft Ministerial
Code shall become the Ministerial Code for the purposes of section 28A of
the 1998 Act on 26 March 2007.
      (3)
Any approval under sub-paragraph (2) requires cross-community support
30
(see paragraph 11).
      (4)
The draft Ministerial Code approved under sub-paragraph (2)—

Northern Ireland (St Andrews Agreement) Bill
Schedule 1 — The Transitional Assembly
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(a)
must comply with the requirements of subsections (5) to (8) of
section 28A of the 1998 Act (to be inserted in that Act by section 5 of
this Act), and
(b)
may include other provisions.
      (5)
But if the Transitional Assembly has not approved the draft Ministerial Code
5
(with or without amendments) before 24 March 2007—
(a)
the Secretary of State must prepare a draft Ministerial Code in
accordance with sub-paragraph (6), and
(b)
that draft Ministerial Code shall become the Ministerial Code for the
purposes of section 28A of the 1998 Act on 26 March 2007.
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      (6)
The draft Ministerial Code referred to in sub-paragraph (5) must, so far as
practicable, be—
(a)
in the form of any parts of the draft Ministerial Code that have been
approved by the Transitional Assembly under sub-paragraph (2)
(with or without amendments) before 24 March 2007;
15
(b)
otherwise, in the form of the former Ministerial Code,

and must comply with the requirements of subsections (5) to (8) of section
28A of the 1998 Act.
      (7)
In this paragraph “the former Ministerial Code” means the Ministerial Code
which—
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(a)
was approved by the Executive Committee of the Northern Ireland
Assembly, and
(b)
applied to members of the Executive Committee immediately before
the most recent suspension of that Assembly by virtue of section 1 of
the 2000 Act.
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Draft standing orders for Northern Ireland Assembly
5     (1)
The proceedings to be conducted by the Transitional Assembly shall include
the preparation and consideration of draft standing orders for the Northern
Ireland Assembly.
      (2)
If the Transitional Assembly approves the draft standing orders (with or
30
without amendments) before 24 March 2007, the approved draft standing
orders shall become the standing orders of the Northern Ireland Assembly
on 26 March 2007.
      (3)
Any approval under sub-paragraph (2) requires cross-community support.
      (4)
But if the Transitional Assembly has not approved the draft standing orders
35
(with or without amendments) before 24 March 2007—
(a)
the Secretary of State must prepare draft standing orders in
accordance with sub-paragraph (5), and
(b)
those draft standing orders shall become the standing orders of the
Northern Ireland Assembly on 26 March 2007.
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      (5)
Subject to sub-paragraph (7), the draft standing orders referred to in sub-
paragraph (4) must, so far as practicable, be—
(a)
in the form of any parts of the draft standing orders that have been
approved by the Transitional Assembly under sub-paragraph (2)
(with or without amendments) before 24 March 2007;
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(b)
otherwise, in the form of the former standing orders.

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Schedule 1 — The Transitional Assembly
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      (6)
In this paragraph “the former standing orders” means the standing orders of
the Northern Ireland Assembly as they had effect immediately before the
most recent suspension of that Assembly by virtue of section 1 of the 2000
Act.
      (7)
The draft standing orders approved under sub-paragraph (2) or the draft
5
standing orders prepared in accordance with sub-paragraph (6)—
(a)
must comply with the requirements of the 1998 Act (as it is to have
effect on and after 26 March 2007), and
(b)
may include other provisions.
Presiding officer
10
6     (1)
The Transitional Assembly shall have—
(a)
a presiding officer, and
(b)
no more than three deputy presiding officers.
      (2)
The person who is the presiding officer of the Assembly immediately before
the time at which this Schedule comes into force shall become the presiding
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officer of the Transitional Assembly at that time.
      (3)
Each person who is a deputy presiding officer of the Assembly immediately
before that time shall become a deputy presiding officer of the Transitional
Assembly at that time.
      (4)
Subject to sub-paragraphs (5) to (7), the Transitional Assembly may elect a
20
person—
(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
appears to members of the Transitional Assembly to be unable, unfit
25
or unwilling to perform his functions (whether because of illness or
otherwise).
      (5)
A person shall not be elected under sub-paragraph (4) without cross-
community support.
      (6)
If it appears to the Secretary of State that—
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(a)
a vacancy has arisen in the office of presiding officer or deputy
presiding officer of the Transitional Assembly, and
(b)
the vacancy has not been filled within a period of two weeks
beginning with the day on which the vacancy arose,

the Secretary of State may appoint a person to fill the vacancy.
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      (7)
If it appears to the Secretary of State that—
(a)
a presiding officer or deputy presiding officer of the Transitional
Assembly has become unable, unfit or unwilling to perform his
functions (whether because of illness or otherwise), and
(b)
the officer has not been replaced within a period of two weeks
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beginning with the day on which the officer became unable, unfit or
unwilling to perform his functions,

the Secretary of State may appoint a person to replace the officer.
      (8)
In this paragraph “the Assembly” means the Assembly established under
paragraph 1 of Schedule 1 to the 2006 Act.
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Northern Ireland (St Andrews Agreement) Bill
Schedule 1 — The Transitional Assembly
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Staff etc
7     (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
to be paid out of the Consolidated Fund of Northern Ireland.
5
Privilege
8
A written or oral statement made by a member in or for the purposes of the
Transitional Assembly is to be privileged from action for defamation unless
it is proved to have been made with malice.
Standing orders
10
9     (1)
In this Schedule (other than in paragraph 5) “standing orders” means
standing orders of the Transitional Assembly.
      (2)
The initial standing orders shall be determined by the Secretary of State and
notified to the presiding officer or any deputy presiding officer of the
Transitional Assembly.
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      (3)
The initial standing orders may be added to or amended by the Secretary of
State by notification to the presiding officer or any deputy presiding officer
of the Transitional Assembly; but no addition or amendment may be made
under this sub-paragraph to the extent that it is inconsistent with anything
done by the Transitional Assembly under sub-paragraph (4).
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      (4)
The initial standing orders may be amended or replaced by the Transitional
Assembly, but standing orders shall not be made, amended or repealed by
the Transitional Assembly without cross-community support.
      (5)
The provision that may be made by standing orders includes provision
which corresponds, or is similar, to—
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(a)
any provision of standing orders made (or treated as made) under
section 41 of the 1998 Act, or
(b)
any provision of directions made by the Secretary of State under
paragraph 4 of Schedule 1 to the 2006 Act.
      (6)
The provision that may be made by standing orders also includes provision
30
that may be made under paragraph 5 of Schedule 6 to the 1998 Act (to be
inserted in that Act by section 17 of this Act).
      (7)
The provision that may be made by standing orders for the purposes of the
nominations referred to in paragraph 3 above includes provision which
corresponds, or is similar, to any provision of sections 16A to 16C of the
35
1998 Act (to be inserted in that Act by section 8 of this Act).
      (8)
The standing orders may provide for further nominations to be made if any
nomination made by virtue of paragraph 3 above ceases to have effect, by
virtue of the standing orders, at any time before 26 March 2007.
Members to be deemed to have signed roll of membership etc
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10    (1)
Each person who was a member of the Assembly immediately before the
time at which this Schedule comes into force shall be deemed to have signed

Northern Ireland (St Andrews Agreement) Bill
Schedule 2 — Restoration of devolved government on 26 March 2007
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the roll of membership of the Transitional Assembly at that time in
accordance with standing orders.
      (2)
Each such person shall be deemed to have designated himself at that time in
accordance with standing orders—
(a)
as a Nationalist (if, immediately before that time, he was designated
5
as a Nationalist for the purposes of the Assembly);
(b)
as a Unionist (if, immediately before that time, he was designated as
a Unionist for the purposes of the Assembly);
(c)
otherwise, as Other.
      (3)
In this paragraph “the Assembly” means the Assembly established under
10
paragraph 1 of Schedule 1 to the 2006 Act.
Meaning of “cross-community support”
11    (1)
In this Schedule “cross-community support”, in relation to a vote on any
matter, means—
(a)
the support of a majority of the members voting, a majority of the
15
designated Nationalists voting and a majority of the designated
Unionists voting, or
(b)
the support of 60% of the members voting, 40% of the designated
Nationalists voting and 40% of the designated Unionists voting.
      (2)
In sub-paragraph (1)—
20
“designated Nationalist” means a member designated as a Nationalist
in accordance with standing orders, and
“designated Unionist” is to be construed accordingly.
Schedule 2
Section 2(2)

Restoration of devolved government on 26 March 2007
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Introduction
1
In this Schedule “the restoration order” means the restoration order made by
virtue of section 2(2).
The Ministerial offices
2     (1)
Subsections (2) to (7) of section 3 of the 2000 Act do not apply in relation to
30
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 26 March 2007).
      (2)
On 26 March 2007—
(a)
the First Minister designate shall, subject to sub-paragraph (4),
35
become the First Minister, and
(b)
the deputy First Minister designate shall, subject to sub-paragraph
(4), become the deputy First Minister,

(and section 16A of the 1998 Act does not apply).
      (3)
In sub-paragraph (2)—
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Northern Ireland (St Andrews Agreement) Bill
Schedule 2 — Restoration of devolved government on 26 March 2007
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“the First Minister designate” means the person whose nomination by
virtue of paragraph 3 of Schedule 1 to this Act to hold office as First
Minister has effect immediately before 26 March 2007;
“the deputy First Minister designate” means the person whose
nomination by virtue of that paragraph to hold office as deputy First
5
Minister has effect immediately before that date.
      (4)
But the persons whose nominations so have effect shall not take up office
until each of them has affirmed the terms of the pledge of office (within the
meaning given by section 16C(14) of the 1998 Act).
      (5)
On 26 March 2007, the Ministerial offices to be held by Northern Ireland
10
Ministers shall be filled by applying section 18(2) to (6) of the 1998 Act (and
section 16A of the 1998 Act does not apply).
      (6)
But for that purpose, section 18 of that Act shall have effect as if the
reference, in the definition of “S” in subsection (5) of that section, to the day
on which the Assembly first met following its election were a reference to the
15
first day on which the Transitional Assembly met after 7 March 2007.
      (7)
In this paragraph “the most recent suspension” means the most recent
suspension of the Northern Ireland Assembly by virtue of section 1 of the
2000 Act.
Presiding Officer and deputy Presiding Officer
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3     (1)
The person who is presiding officer of the Transitional Assembly
immediately before 26 March 2007 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 (and, accordingly, any person who is a deputy
Presiding Officer of the Northern Ireland Assembly immediately before that
25
date shall cease to hold office under section 39(2) of that Act on that date).
      (2)
Each person who is a deputy presiding officer of the Transitional Assembly
immediately before 26 March 2007 shall be deemed to have been elected as
a deputy Presiding Officer of the Northern Ireland Assembly under section
39(1) of the 1998 Act on that date.
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Restoration order: supplementary provisions
4     (1)
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 (or treated as done) under or by virtue of this
Act as having been done under or by virtue of the 1998 Act;
35
(b)
for treating things done (or treated as done) by or in relation to the
Transitional Assembly (or members of that Assembly) as having
been done by or in relation to the Northern Ireland Assembly (or
members of that Assembly).
      (2)
Section 2(3) of the 2000 Act (taking account of review under Validation,
40
Implementation and Review section of Belfast Agreement) does not apply in
relation to the restoration order.

Northern Ireland (St Andrews Agreement) Bill
Schedule 3 — Non-compliance with St Andrews Agreement timetable
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Modification of section 29(3) of the 1998 Act and paragraph 7(7) of Schedule 1 to the Police
(Northern Ireland) Act 2000
5     (1)
This paragraph applies in relation to the first occasion on or after 26 March
2007 on which the offices of chairmen and deputy chairmen of the statutory
committees are to be filled in accordance with standing orders made under
5
section 29 of the 1998 Act.
      (2)
That section (and those standing orders) shall have effect as if the reference,
in the definition of “S” in subsection (3) of that section (and in those standing
orders), to the day on which the Assembly first met following its election
were a reference to the first day on which the Transitional Assembly met
10
after 7 March 2007.
6     (1)
This paragraph applies in relation to the first occasion on or after 26 March
2007 on which the political members of the Northern Ireland Policing Board
are to be nominated in accordance with paragraph 7 of Schedule 1 to the
Police (Northern Ireland) Act 2000 (c. 32).
15
      (2)
That paragraph shall have effect as if the reference, in the definition of “S” in
sub-paragraph (7) of that paragraph, to the day on which the Assembly first
met following its election were a reference to the first day on which the
Transitional Assembly met after 7 March 2007.
Repeal of certain provisions of this Act on 26 March 2007
20
7
The following provisions of this Act are repealed—
(a)
section 1(1) and (2), and
(b)
Schedule 1.
Schedule 3
Section 2(1) or (4)

Non-compliance with St Andrews Agreement timetable
25
Dissolution of Northern Ireland Assembly
1
If this Schedule comes into force before 30 January 2007 or after 7 March
2007, the Northern Ireland Assembly shall be dissolved on the date on which
it comes into force.
Postponement of next Northern Ireland Assembly election
30
2     (1)
In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections
and dissolutions), for subsection (2) substitute—
“(2)
The date of the poll for the election of the Assembly next following
the current Assembly shall be a date to be specified in an order made
by the Secretary of State.
35

In this subsection “the current Assembly” means—
(a)
if Schedule 3 to the Northern Ireland (St Andrews
Agreement) Act 2006 comes into force on or before 7 March
2007, the Assembly elected at the poll on 26 November 2003;
(b)
otherwise, the Assembly elected at the poll on 7 March 2007.
40