Northern Ireland (St Andrews Agreement) Bill

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

Northern Ireland (St Andrews Agreement) Bill
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
32

Schedule 6
Section 9

Department with policing and justice functions: nomination etc of Ministers
Introduction
1
In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006
(c. 33) (department with policing and justice functions), the inserted
5
Schedule 4A to the 1998 Act is amended as follows.
Department in the charge of Minister approved by resolution of Assembly
2     (1)
Paragraph 3 (provisions relating to relevant Minister) is amended as follows.
      (2)
After sub-paragraph (3) insert—
   “(3A)
But a member of the Assembly who is a member of a political
10
party may not be nominated unless the nominating officer of the
party consents to his nomination within a period specified in
standing orders.”
      (3)
In sub-paragraph (9), at the end insert “; or
(d)
where consent to his nomination was required under sub-
15
paragraph (3A), he is dismissed by the nominating officer
who consented (or that officer’s successor) and the
Presiding Officer is notified of his dismissal.”
      (4)
After sub-paragraph (10) insert—
  “(10A)
If, as a result of the relevant Minister (“the former Minister”)
20
ceasing to hold office and the relevant Ministerial office being
filled by virtue of sub-paragraph (10),—
(a)
the total number of Ministerial offices held by members of
a political party increases; or
(b)
the total number of Ministerial offices held by members of
25
a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and
those Ministerial offices shall be filled by applying section 18(2) to
(6) within a period specified in standing orders.
    (10B)
But sub-paragraph (10A) shall not apply if—
30
(a)
the former Minister ceased to hold office by virtue of being
dismissed by a nominating officer under sub-paragraph
(9)(d); and
(b)
before the relevant Ministerial office was filled, either of
the conditions in sub-paragraph (10C) was satisfied in
35
relation to each member of the Assembly who was a
member of the political party of the nominating officer.
    (10C)
The conditions are that—
(a)
the First Minister and the deputy First Minister sought to
nominate the member under sub-paragraph (3) for the
40
relevant Ministerial office but consent to his nomination
was not given in accordance with sub-paragraph (3A); or
(b)
the member was nominated under sub-paragraph (3) for
the relevant Ministerial office and the nomination took

Northern Ireland (St Andrews Agreement) Bill
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
33

effect within the period specified in standing orders by
virtue of sub-paragraph (5)(a), but the member did not
take up the office within that period.”
      (5)
After sub-paragraph (13) insert—
   “(14)
In this paragraph “nominating officer” has the same meaning as in
5
section 18.”
Department in the charge of two Ministers
3     (1)
Paragraph 7 (provisions relating to relevant Ministers) is amended as
follows.
      (2)
After sub-paragraph (3) insert—
10
   “(3A)
But a member of the Assembly who is a member of a political
party may not be nominated unless the nominating officer of the
party consents to his nomination within a period specified in
standing orders.”
      (3)
In sub-paragraph (9), at the end insert “; or
15
(d)
where consent to his nomination was required under sub-
paragraph (3A), he is dismissed by the nominating officer
who consented (or that officer’s successor) and the
Presiding Officer is notified of his dismissal.”
      (4)
After sub-paragraph (10) insert—
20
  “(10A)
If, as a result of the relevant Ministers (“the former Ministers”)
ceasing to hold office and the relevant Ministerial offices being
filled by virtue of sub-paragraph (10)(b),—
(a)
the total number of Ministerial offices held by members of
a political party increases; or
25
(b)
the total number of Ministerial offices held by members of
a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and
those Ministerial offices shall be filled by applying section 18(2) to
(6) within a period specified in standing orders.
30
    (10B)
But sub-paragraph (10A) shall not apply if—
(a)
either of the former Ministers ceased to hold office by
virtue of being dismissed by a nominating officer under
sub-paragraph (9)(d); and
(b)
before the relevant Ministerial offices were filled, either of
35
the conditions in sub-paragraph (10C) was satisfied in
relation to each member of the Assembly who was a
member of the political party of the nominating officer
concerned.
    (10C)
The conditions are that—
40
(a)
the First Minister and the deputy First Minister sought to
nominate the member under sub-paragraph (3) for one of
the relevant Ministerial offices but consent to his
nomination was not given in accordance with sub-
paragraph (3A); or
45

Northern Ireland (St Andrews Agreement) Bill
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
34

(b)
the member was nominated under sub-paragraph (3) for
one of the relevant Ministerial offices and the nomination
took effect within the period specified in standing orders
by virtue of sub-paragraph (5)(a), but the member did not
take up the office within that period.”
5
      (5)
After sub-paragraph (13) insert—
   “(14)
In this paragraph “nominating officer” has the same meaning as in
section 18.”
Department with rotation between Minister and junior Minister
4     (1)
Paragraph 11 (provisions relating to relevant Minister and relevant junior
10
Minister) is amended as follows.
      (2)
After sub-paragraph (3) insert—
   “(3A)
But a member of the Assembly who is a member of a political
party may not be nominated unless the nominating officer of the
party consents to his nomination within a period specified in
15
standing orders.”
      (3)
In sub-paragraph (9), at the end insert “; or
(d)
where consent to his nomination was required under sub-
paragraph (3A), he is dismissed by the nominating officer
who consented (or that officer’s successor) and the
20
Presiding Officer is notified of his dismissal.”
      (4)
After sub-paragraph (11) insert—
  “(11A)
If, as a result of the relevant Minister (“the former Minister”) and
the relevant junior Minister (“the former junior Minister”) ceasing
to hold office and the relevant Ministerial office and the relevant
25
junior Ministerial office being filled by virtue of sub-paragraph
(11)(b),—
(a)
the total number of Ministerial offices or junior Ministerial
offices held by members of a political party increases; or
(b)
the total number of Ministerial offices or junior Ministerial
30
offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and
those Ministerial offices shall be filled by applying section 18(2) to
(6) within a period specified in standing orders.
    (11B)
But sub-paragraph (11A) shall not apply if—
35
(a)
the former Minister or the former junior Minister ceased to
hold office by virtue of being dismissed by a nominating
officer under sub-paragraph (9)(d); and
(b)
before the relevant Ministerial office and the relevant
junior Ministerial office were filled, either of the conditions
40
in sub-paragraph (11C) was satisfied in relation to each
member of the Assembly who was a member of the
political party of the nominating officer concerned.
    (11C)
The conditions are that—
(a)
the First Minister and the deputy First Minister sought to
45
nominate the member under sub-paragraph (3) for the

Northern Ireland (St Andrews Agreement) Bill
Schedule 7 — Minor and consequential amendments relating to Part 2
35

appropriate office, but consent to his nomination was not
given in accordance with sub-paragraph (3A); or
(b)
the member was nominated under sub-paragraph (3) for
the appropriate office and the nomination took effect
within the period specified in standing orders by virtue of
5
sub-paragraph (5)(a), but the member did not take up the
office within that period.
    (11D)
In sub-paragraph (11C) “the appropriate office” means—
(a)
in relation to a person who was a member of the political
party of the nominating officer who dismissed the former
10
Minister, the relevant Ministerial office;
(b)
in relation to a person who was a member of the political
party of the nominating officer who dismissed the former
junior Minister, the relevant junior Ministerial office.”
      (5)
After sub-paragraph (14) insert—
15
   “(15)
In this paragraph “nominating officer” has the same meaning as in
section 18.”
Schedule 7
Section 19

Minor and consequential amendments relating to Part 2
Northern Ireland Act 1998 (c. 47)
20
1
The 1998 Act is amended as follows.
2
In section 53 (agreements etc., by persons participating in North-South
Ministerial Council and British-Irish Council), in subsection (1), for “a
nomination under section 52” substitute “any provision of section 52A or
52B”.
25
3
In section 98 (interpretation), in subsection (1), insert the following
definition at the appropriate place—
““the St Andrews Agreement” means the agreement reached on
13 October 2006 at multi-party talks on Northern Ireland held
at St Andrews;”.
30
4     (1)
Schedule 2 (excepted matters) is amended as follows.
      (2)
In paragraph 3(b)(i), for “a nomination under section 52” substitute “any
provision of section 52A or 52B”.
      (3)
In paragraph 22—
(a)
in sub-paragraph (b), for “and 28” substitute “, 28, 28A, 28B, 28D and
35
28E”;
(b)
in sub-paragraph (d), for “52” substitute “52A to 52C”.
5
In Schedule 3 (reserved matters), in paragraph 42(a), for “and 28” substitute
“, 28, 28A and 28B”.

Northern Ireland (St Andrews Agreement) Bill
Schedule 8 — Reconstitution of district policing partnerships
36

Northern Ireland Act 2000 (c. 1)
6
In section 1 of the 2000 Act (suspension of devolved government in Northern
Ireland), in subsection (5), for “section 52” substitute “section 52A, 52B”.
Schedule 8
Section 20(1)

Reconstitution of district policing partnerships
5
Introduction
1     (1)
Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) has effect subject
to this Schedule.
      (2)
In this Schedule—
“the Board” means the Northern Ireland Policing Board;
10
“the commencement date” means the date on which this Schedule
comes into force;
“the council”, in relation to a DPP, means the district council by which
the DPP is established;
“district council” has the same meaning as in the Local Government Act
15
(Northern Ireland) 1972 (c. 9 (N.I.));
“DPP” means a district policing partnership;
“independent appointment date”, in relation to a DPP, means the date
published by the Board under paragraph 4(2) of this Schedule;
“independent member”, in relation to a DPP, means a member
20
appointed under paragraph 2(3)(b), (4)(b) or (5)(b) of Schedule 3 to
the Police (Northern Ireland) Act 2000;
“political appointment date”, in relation to a DPP, means the date
published by the council under paragraph 3(2) of this Schedule;
“political member”, in relation to a DPP, means a member appointed
25
under paragraph 2(3)(a), (4)(a) or (5)(a) of Schedule 3 to the Police
(Northern Ireland) Act 2000.
Report on whether DPPs meet the political condition
2     (1)
The Board must comply with the requirements of this paragraph within a
period of 15 days beginning with the commencement date.
30
      (2)
The Board must consider whether the political condition is met in relation to
each DPP.
      (3)
The Board must submit to the Secretary of State a report on each DPP—
(a)
stating whether or not, in the view of the Board, the political
condition is met in relation to the DPP, and
35
(b)
setting out its reasons for that view.
      (4)
The Board must provide to each district council a copy of the report so far as
the report relates to the DPP established by that council.
      (5)
The Board must publish a list of the DPPs which, in its view, do not meet the
political condition.
40

Northern Ireland (St Andrews Agreement) Bill
Schedule 8 — Reconstitution of district policing partnerships
37

      (6)
For the purposes of this paragraph the political condition is met in relation
to a DPP if the political members of the DPP reflect, so far as practicable, the
balance of parties prevailing among the members of the council on the
commencement date.
      (7)
For the purposes of this paragraph an independent member of a council
5
shall be treated as a party.
Appointment of political members of DPPs which do not meet the political condition
3     (1)
This paragraph applies in relation to each DPP specified in the list published
under paragraph 2(5).
      (2)
The council must publish notice of the date which is to be the political
10
appointment date in relation to the DPP.
      (3)
Notice under sub-paragraph (2) must be published in such manner as
appears to the council appropriate for bringing it to the attention of
interested persons.
      (4)
The political appointment date in relation to a DPP must be a date no later
15
than three months after the date on which the list is published.
      (5)
Each person who is a political member of the DPP on the day before the
political appointment date shall cease to hold office at the end of that day.
      (6)
On the political appointment date, the council must appoint political
members of the DPP in accordance with Schedule 3 to the Police (Northern
20
Ireland) Act 2000 (c. 32); but for this purpose paragraph 3(1) of that Schedule
is to have effect as if, for “immediately after the last local general election”
there were substituted “on the date on which Schedule 8 to the Northern
Ireland (St Andrews Agreement) Act 2006 comes into force”.
      (7)
A person who ceases to hold office as a political member by virtue of sub-
25
paragraph (5) shall be eligible for re-appointment.
      (8)
Where a political member of the DPP ceases to hold office at any time during
the period—
(a)
beginning with the date on which the list is published, and
(b)
ending with the day before the political appointment date,
30

no appointment shall be made to fill the casual vacancy.
      (9)
Where a person ceases to hold office as chairman of the DPP during that
period, no appointment shall be made before the political appointment date
to fill the vacancy in the office.
Appointment of independent members of DPPs which do not meet the political condition
35
4     (1)
This paragraph applies in relation to each DPP specified in the list published
under paragraph 2(5).
      (2)
The Board must publish notice of the date which is to be the independent
appointment date in relation to the DPP.
      (3)
Notice under sub-paragraph (2) must be published in such manner as
40
appears to the Board appropriate for bringing it to the attention of interested
persons.

Northern Ireland (St Andrews Agreement) Bill
Schedule 9 — District policing partnerships: Belfast sub-groups
38

      (4)
Each person who is an independent member of the DPP on the day before
the independent appointment date shall cease to hold office at the end of
that day.
      (5)
On the independent appointment date, the Board must appoint independent
members of the DPP in accordance with Schedule 3 to the Police (Northern
5
Ireland) Act 2000 (c. 32).
      (6)
A person who ceases to hold office as an independent member by virtue of
sub-paragraph (4) shall be eligible for re-appointment.
      (7)
Where an independent member of the DPP ceases to hold office at any time
during the period—
10
(a)
beginning with the date on which the list is published, and
(b)
ending with the day before the independent appointment date,

no appointment shall be made to fill the casual vacancy.
      (8)
Where a person ceases to hold office as vice-chairman of the DPP during that
period, no election shall be conducted before the independent appointment
15
date to fill the vacancy in the office.
Supplementary provisions
5     (1)
Section 15 of the Police (Northern Ireland) Act 2000 shall apply in relation to
a failure by a district council to comply with any provision of this Schedule
as it applies in relation to a failure by a district council to comply with any
20
provision of Schedule 3 to that Act.
      (2)
Paragraph 6 of Schedule 3 to that Act shall apply in relation to any functions
of a district council or the Board under this Schedule as it applies in relation
to any functions of a district council or the Board under paragraphs 4 and 5
of that Schedule.
25
Schedule 9
Section 20(2)

District policing partnerships: Belfast sub-groups
Introduction
1
In paragraph 13 of Schedule 1 to the Police (Northern Ireland) Act 2003 (c. 6),
(Belfast), the inserted Schedule 3A to the Police (Northern Ireland) Act 2000
30
is amended as follows.
Effect of local government election on membership of sub-group
2     (1)
In paragraph 1, after sub-paragraph (1) insert—
   “(1A)
In this Schedule, in relation to a sub-group and the holding of a
local general election—
35
“the transitional period” means the period—
(a)
beginning with the election day; and
(b)
ending with the day before the reconstitution date;
“reconstitution date” means the date published by notice of
the Board under paragraph 4(2A).”
40