Northern Ireland Assembly
Legislature of Northern Ireland / From Wikipedia, the free encyclopedia
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The Northern Ireland Assembly (Irish: Tionól Thuaisceart Éireann;[3] Ulster Scots: Norlin Airlan Assemblie[4]), often referred to by the metonym Stormont, is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive. It sits at Parliament Buildings at Stormont in Belfast.
Northern Ireland Assembly Tionól Thuaisceart Éireann Norlin Airlan Assemblie | |
---|---|
Seventh Assembly | |
Type | |
Type | |
History | |
Founded | 25 June 1998 (current form) |
Preceded by | UK Parliament (pre-devolution) Parliament of Northern Ireland (1921–1972) |
Leadership | |
Edwin Poots since 3 February 2024 | |
| |
Structure | |
Seats | 90[2] |
Political groups | Executive (77)
Official Opposition (7) Other Opposition (5) Speaker (1)
|
Committees |
|
Length of term | No more than 5 years |
Salary | £55,000 per year + expenses |
Elections | |
Single Transferable Vote | |
Last election | 5 May 2022 |
Next election | On or before 6 May 2027 |
Redistricting | Recommendations made by the Boundary Commission for Northern Ireland; confirmed by the Secretary of State |
Meeting place | |
Assembly Chamber, Parliament Buildings | |
Parliament Buildings, Stormont, Belfast, Northern Ireland | |
Website | |
www | |
Rules | |
Standing Orders of the Northern Ireland Assembly |
The Assembly is a unicameral, democratically elected body comprising 90 members[5] known as Members of the Legislative Assembly (MLAs). Members are elected under the single transferable vote form of proportional representation (STV-PR)[6] In turn, the Assembly selects most of the ministers of the Northern Ireland Executive using the principle of power-sharing under the D'Hondt method to ensure that Northern Ireland's largest voting blocs, British unionists and Irish nationalists, both participate in governing the region. The Assembly's standing orders allow for certain contentious motions to require a cross-community vote; in addition to requiring the support of an overall majority of members, such votes must also be supported by a majority within both blocs in order to pass.
The Assembly is one of two "mutually inter-dependent" institutions created under the 1998 Good Friday Agreement, the other being the North/South Ministerial Council with the Republic of Ireland.[7] The Agreement aimed to end Northern Ireland's violent 30-year Troubles. The first Assembly election was held in June 1998.
Previous legislatures
From June 1921 until March 1972, the devolved legislature for Northern Ireland was the Parliament of Northern Ireland, established by the Government of Ireland Act 1920 and meeting from 1932 at Stormont, outside Belfast. The Parliament always had an Ulster Unionist Party (UUP) majority and always elected a UUP administration. For first two elections it used proportional representation (Single transferable voting) but switched to First-past-the-post voting in 1929.
It was suspended by the UK Government on 30 March 1972 and formally abolished in 1973 under the Northern Ireland Constitution Act 1973.
Northern Ireland was subsequently administered by direct rule until 1999, with a brief exception in 1974. Attempts began to restore on a new basis that would see power shared between nationalists and unionists. To this end a new legislature, the Northern Ireland Assembly, was established in 1973 with a power-sharing Executive taking office in January 1974. However, this body was brought down by the Ulster Workers' Council strike in May 1974. Political discussions continued against the continued backdrop of the Troubles. In 1982, another Northern Ireland Assembly was established, initially as a body to scrutinise the actions of the Northern Ireland Civil Service and the Secretary of State, the UK Government minister with responsibility for Northern Ireland. It was not supported by Irish nationalists and was officially dissolved in 1986.
1998–2002
The Northern Ireland (Elections) Act 1998 formally established the Assembly in law under the name New Northern Ireland Assembly, in accordance with the Good Friday (or Belfast) Agreement. The first election of members of the New Northern Ireland Assembly was on 25 June 1998 and it first met on 1 July 1998. However, it only existed in "shadow" form until 2 December 1999 when full powers were devolved to the Assembly. Since then the Assembly has operated with several interruptions and has been suspended on six occasions:
- 11 February – 30 May 2000
- 10 August 2001 (24-hour suspension)
- 22 September 2001 (24-hour suspension)
- 14 October 2002 – 7 May 2007
- 9 January 2017 – 11 January 2020
- 2022 - 3 February 2024
Attempts to secure its operation on a permanent basis were initially frustrated by disagreements between the two main unionist parties (the Democratic Unionist Party (DUP) and the Ulster Unionist Party) and Sinn Féin. Unionist representatives refused to participate in the Good Friday Agreement's institutions alongside Sinn Féin until they were assured that the IRA had discontinued its activities, decommissioned its weapons, and disbanded.
2002–2007 (suspension)
The Assembly's suspension from October 2002 to May 2007 occurred when unionist parties withdrew from the Northern Ireland Executive after Sinn Féin's offices at Stormont were raided by police, who were investigating allegations of intelligence gathering on behalf of the IRA by members of the party's support staff. The Assembly, already suspended, was dissolved on 28 April 2003 as scheduled, but the elections due the following month were postponed by the UK Government and were not held until November that year.
Although the Assembly remained suspended from 2002 until 2007, the members elected at the 2003 Assembly election were called together on 15 May 2006 under the Northern Ireland Act 2006 to meet in an Assembly to be technically known as "the Assembly established under the Northern Ireland Act 2006" for the purpose of electing a First Minister and deputy First Minister and choosing the members of an Executive before 25 November 2006 as a preliminary to the restoration of the Northern Ireland Executive.[8]
Multi-party talks in October 2006 resulted in the St Andrews Agreement, wherein Sinn Féin committed to support the Police Service of Northern Ireland and the mechanism for nominating First and deputy First Ministers was changed. In May 2006, Ian Paisley, leader of the DUP, had refused Sinn Féin's nomination to be First Minister alongside Sinn Féin's chief negotiator, Martin McGuinness, as deputy First Minister; after the St Andrews Agreement, these positions were now chosen by larger parties only, while the holders of other positions were elected by sitting MLAs. Eileen Bell was appointed by the Secretary of State, Peter Hain, to be the interim speaker of the Assembly, with Francie Molloy and Jim Wells acting as deputy speakers.[9] The Northern Ireland (St Andrews Agreement) Act 2006 repealed the Northern Ireland Act 2006 and disbanded "the Assembly".
The St Andrews Agreement Act provided for a "Transitional Assembly established under the Northern Ireland (St Andrews Agreement) Act 2006" – to continue to contribute to preparations for the restoration of devolved government. A person who was a member of the Northern Ireland Assembly was also a member of the Transitional Assembly, with the same speaker and deputy speaker as elected for "the Assembly". The Transitional Assembly first met on 24 November 2006 but proceedings were suspended due to a bomb threat by loyalist paramilitary Michael Stone.[10] It was dissolved on 30 January 2007 when the election campaign for the next Northern Ireland Assembly started.
Subsequently, a new election to the suspended Northern Ireland Assembly was held on 7 March 2007. The DUP and Sinn Féin consolidated their positions as the two largest parties in the election and agreed to enter government together. Peter Hain signed a restoration order on 25 March 2007 allowing for the restoration of devolution at midnight on the following day.[11] An administration was eventually established on 10 May with Ian Paisley as First Minister and Martin McGuinness as deputy First Minister.[12]
2007–2017
This third Assembly was the first legislature in Northern Ireland to complete a full term since the Northern Ireland Parliament which convened between 1965 and 1969[13] and saw powers in relation to policing and justice transferred from Westminster on 12 April 2010. Peter Robinson succeeded Ian Paisley as First Minister and DUP leader in 2008.
A five-year term came into effect with the fourth Assembly elected in 2011. The subsequent period was dominated by issues of culture and dealing with the past which culminated in the Fresh Start Agreement in 2014. The first Official Opposition in the Assembly was formed by the UUP in the closing months of the fourth term. Following the election of the fifth Assembly in 2016, the DUP and Sinn Féin formed the fourth Executive,[14] with Arlene Foster as First Minister and Martin McGuinness continuing deputy First Minister.
2017–2020 (suspension)
In the wake of the Renewable Heat Incentive scandal, McGuinness resigned from his post in January 2017, bringing an end to almost a decade of unbroken devolution. Sinn Féin withdrew from the Assembly, and a fresh election was held on 2 March 2017. Negotiations mediated by then Secretary of State James Brokenshire missed the three-week deadline provided in law for the formation of an Executive.[15] The passing of an extended legal deadline of 29 June[16][17][18][19] left decisions on funding allocations in the hands of the Northern Ireland Civil Service,[20] and a budget for the ongoing 2017–18 financial year was passed by the UK Parliament.[21][22] Over time, further legislation was passed for Northern Ireland at Westminster, repeatedly extending the deadline for Executive formation although no direct rule ministers were appointed during this suspension. In 2019, the UK Parliament enacted one such Bill to legalise same-sex marriage and liberalise abortion, in line with Great Britain (the rest of the UK) and the Republic of Ireland.[23]
2020–2022
Talks eventually succeeded under a third Secretary of State Julian Smith. The sixth Assembly resumed on 11 January 2020, shortly before the UK's exit from the European Union.[24][25][26]
In February 2021, DUP MLAs threatened to bring down the Assembly and force an early election in protest at Boris Johnson's Brexit deal, which would put a border in the Irish Sea.[27]
On 3 February 2022, First Minister Paul Givan of the DUP resigned.[28] Due to the power-sharing arrangements, this also caused the deputy First Minister to lose her position.[29]
2022–2024 (suspension)
Elections were held for a seventh assembly in May 2022. Sinn Féin emerged as the largest party, followed by the Democratic Unionist Party.[30] The newly elected assembly met for the first time on 13 May 2022 and again on 30 May. However, at both these meetings, the DUP refused to assent to the election of a speaker[31] as part of a protest against the Northern Ireland Protocol, which meant that the assembly could not continue other business, including the appointment of a new Executive.[32] The incumbent speaker and incumbent ministers continued in office in caretaker roles.[31]
After the deadline set by Westminster for restoring devolved government was missed, the Northern Ireland secretary was legally required to schedule the election in the following 12 weeks.[33] However, the secretary extended the deadline for the formation of the executive by six weeks, with an option for a further six week extension, so that any Northern Ireland Assembly election that would occur due to a failure to form an executive would happen at some point in 2023.[34][35] Further extension of the deadline to 8 February 2024 was brought about by legislation in the Westminster Parliament as a result of continued refusal by the DUP to form an executive.[36][37]
Since 2024
On 30 January 2024, leader of the DUP Jeffrey Donaldson announced that the DUP would restore an executive government on the condition that new legislation was passed by the UK House of Commons.[38] A sitting of the assembly was called for 3 February 2024 at which Edwin Poots was elected as Speaker and a new executive led by Michelle O'Neill and Emma Little-Pengelly was formed, restoring devolved government in Northern Ireland. [39][40]
The Assembly has both legislative powers and responsibility for electing the Northern Ireland Executive. The First and deputy First Ministers were initially elected on a cross-community vote, although this was changed in 2006 and they are now appointed as leaders of the largest parties of the largest and second largest Assembly 'block' (understood to mean 'Unionist', 'Nationalist' and 'Other').[41] The Minister of Justice is appointed by cross-community agreement.[42] The seven other ministerial positions are distributed among willing parties roughly proportionate to their share of seats in the Assembly by the D'Hondt method, with ministers chosen by the nominating officers of each party.
The Assembly has authority to legislate in a field of competences known as "transferred matters". These matters are not explicitly given in the Northern Ireland Act 1998. Rather they include any competence not explicitly retained by the Parliament at Westminster. Powers reserved by Westminster are divided into "excepted matters", which it retains indefinitely, and "reserved matters", which may be transferred to the competence of the Northern Ireland Assembly at a future date. A list of transferred, reserved and excepted matters is given below.
While the Assembly was in suspension, its legislative powers were exercised by the UK Government, which governs through procedures at Westminster. Laws that would have normally been within the competence of the Assembly were passed by the UK Parliament in the form of Orders-in-Council rather than Acts of the Assembly.
Further, when the Assembly is suspended, certain devolved matters revert to the remit of the British–Irish Intergovernmental Conference (BIIGC). The BIIGC guarantees the Government of Ireland a say in areas of bilateral co-operation and on those matters not yet devolved to the Assembly or the North/South Ministerial Council.[43]
Acts of the Northern Ireland Assembly as with other subordinate legislatures are subject to judicial review. A law can be struck down if it is found to:
- exceed the competences of the Assembly;
- violate retained European Union law;
- are incompatible with human rights as codified in the European Convention on Human Rights; or
- discriminate against individuals on the grounds of political opinion or religious belief.
Transferred matters
A transferred matter is defined as "any matter which is not an excepted or reserved matter".[44] There is therefore no full listing of transferred matters but they have been grouped into the responsibilities of the Northern Ireland Executive ministers:
Reserved matters
Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998:[45]
- Navigation (including merchant shipping)
- Civil aviation
- The foreshore, sea bed and subsoil and their natural resources
- Postal services
- Import and export controls, external trade
- National minimum wage
- Financial services
- Financial markets
- Intellectual property
- Units of measurement
- Telecommunications, Broadcasting, Internet services
- The National Lottery
- Xenotransplantation
- Surrogacy
- Human fertilisation and embryology
- Human genetics
- Consumer safety in relation to goods
Excepted matters
Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998:[46]
- The Crown
- Parliament
- International relations
- Defence
- Immigration and Nationality
- Taxation
- National insurance
- Elections
- Currency
- National security
- Nuclear energy
- Outer space
- Activities in Antarctica
The Assembly has three primary mechanisms to ensure effective power-sharing:
- in appointing ministers to the Executive (except for the Minister of Justice), the D'Hondt method is followed so that ministerial portfolios are divided among the parties in proportion to their strength in the Assembly.[47] This means that all parties with a significant number of seats are entitled to at least one minister;
- certain resolutions must receive "cross community support", or the support of a minimum number of MLAs from both communities, to be passed by the Assembly. Every MLA is officially designated as either nationalist, unionist or other. The election of the speaker,[48] appointment of the Minister of Justice, any changes to the standing orders[49] and the adoption of certain money bills must all occur with cross-community support. The election of the First and deputy First Ministers previously occurred by parallel consent but the positions are now filled by appointment; and
- Most votes taken by the Assembly can be made dependent on cross-community support if a petition of concern is presented to the speaker. A petition of concern may be brought by 30 or more MLAs, with at least two parties or independent members who were elected to the Assembly as independents in the most recent election being represented among the petitioners.[50] Petitions may not be brought on resolutions relating to sanctions of members, on votes relating to the general principles of a bill rather than specific provisions or passage, and matters relating to the full implementation of paragraph 2.2.4 of Annex B of Part 2 of The New Decade, New Approach Deal as specified in the standing orders of the Assembly. In cases where a petition is properly filed, a vote on proposed legislation will only pass if supported by a weighted majority (60%) of members voting, including at least 40% of each of the nationalist and unionist designations present and voting. Effectively this means that, provided enough MLAs from a given community agree, that community (or a sufficiently large party in that community) can exercise a veto over the Assembly's decisions. The purpose is to protect each community from legislation that would favour the other community.
The Assembly has the power to call for witnesses and documents, if the relevant responsibility has been transferred to its remit.[51] Proceedings are covered by privilege in defamation law.[52]