House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 6th February 2007
91

Justice and Security (Northern Ireland) Bill, continued

      (6)
A candidate shall not be elected to hold office as deputy Minister

unless—

(a)
the relevant Ministerial office is filled; and

(b)
the candidate and the relevant Minister belong to different

political designations.

      (7)
A person elected to the office of relevant Minister or deputy

Minister shall not take up office until he has affirmed the terms of

the pledge of office.

      (8)
If a person elected to either office does not take up the office within

a period specified in standing orders, his election shall be deemed

to be ineffective.

      (9)
The relevant Minister or the deputy Minister shall cease to hold

office if—

(a)
he resigns by notice in writing to the First Minister and the

deputy First Minister;

(b)
he ceases to be a member of the Assembly otherwise than

by virtue of a dissolution;

(c)
where consent to his nomination was required under sub-

paragraph (4)(c), he is dismissed by the nominating officer

who consented (or that officer’s successor) and the

Presiding Officer is notified of his dismissal.

    (10)
If the relevant Minister or the deputy Minister ceases to hold office

at any time, otherwise than by virtue of section 16A(2), the office

shall be filled by applying sub-paragraphs (3) to (8) within a period

specified in standing orders.

    (11)
But if—

(a)
the relevant Ministerial office is filled by virtue of sub-

paragraph (10); and

(b)
the person appointed as the relevant Minister belongs to the

same political designation as the deputy Minister,


the deputy Minister shall cease to hold office and the deputy

Ministerial office shall be filled by applying sub-paragraphs (3) to

(8) within a period specified in standing orders.

    (12)
Standing orders may make provision with respect to the holding of

elections under this paragraph.

Eligibility to become relevant Minister or deputy Minister

11F(1)
The holding of office as First Minister or deputy First Minister shall

not prevent a person being elected to hold—

(a)
the relevant Ministerial office; or

(b)
the deputy Ministerial office.

      (2)
Where—

(a)
the Assembly has resolved under section 30(2) that a

political party does not enjoy its confidence; and

(b)
the party’s period of exclusion under that provision has not

come to an end,


no member of that party may be nominated under paragraph

11E(4)(b).

Report Stage Proceedings: 6th February 2007
92

Justice and Security (Northern Ireland) Bill, continued

      (3)
Where—

(a)
the Secretary of State has given a direction under section

30A(5) in respect of a political party; and

(b)
the party’s period of exclusion under that provision has not

come to an end,


no member of that party may be nominated under paragraph

11E(4)(b).

      (4)
In this paragraph, a reference to a period of exclusion under any

provision is, in the case of a period of exclusion under that

provision which has been extended, a reference to that period as

extended.

Change in number of Ministerial offices held by members of a political party

11G(1)
If, as a result of the relevant Minister (“the former Minister”)

ceasing to hold office and the relevant Ministerial office being filled

by virtue of this Part of this Schedule,—

(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

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.

      (2)
But sub-paragraph (1) shall not apply if—

(a)
the former Minister ceased to hold office by virtue of being

dismissed by a nominating officer under paragraph

11E(9)(c); and

(b)
before the relevant Ministerial office was filled, either of

the conditions in sub-paragraph (3) was satisfied in relation

to each member of the Assembly who was a member of the

political party of the nominating officer.

      (3)
The conditions are that—

(a)
another member of the Assembly sought to nominate the

member under paragraph 11E(4)(b) for the relevant

Ministerial office but consent to his nomination was not

given in accordance with paragraph 11E(4)(c); or

(b)
the member was elected to the relevant Ministerial office,

but the member did not take up the office within the period

specified in standing orders by virtue of paragraph 11E(8).

Interpretation

11H(1)
In this Part of this Schedule “nominating officer” has the same

meaning as in section 18.

      (2)
For the purposes of this Part of this Schedule, a member of the

Assembly is to be taken—

(a)
to belong to the political designation “Nationalist” if he is

a designated Nationalist;

(b)
to belong to the political designation “Unionist” if he is a

designated Unionist;

Report Stage Proceedings: 6th February 2007
93

Justice and Security (Northern Ireland) Bill, continued

(c)
otherwise, to belong to the political designation “Other”;


and the size of the political designations “Nationalist”, “Unionist”

and “Other” are to be determined in accordance with section 16C(4)

and (5).”

3
In paragraph 12(1), for “or (5)” substitute “, (5) or (5A) or an Order in Council

under section 21A(7C)”.’.

Bill read the third time and passed, on division