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Devolution

Devolution. Northern Ireland. History of devolution in Northern Ireland. 1922- 1972 Northern Ireland had its own legislative assembly Suspended due to secretarian violence in Ulster 1949 Ireland Act guaranteed that no part of Northern Ireland would cease to be part of the UK.

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Devolution

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  1. Devolution Northern Ireland

  2. History of devolution in Northern Ireland • 1922- 1972 Northern Ireland had its own legislative assembly • Suspended due to secretarian violence in Ulster • 1949 Ireland Act • guaranteed that no part of Northern Ireland would cease to be part of the UK.

  3. Northern Ireland Constitution Act 1973 • The consent of the majority of the people of Northern Ireland voting in a poll would be needed to remove the Province from the UK • Devolution restored for 5 months in 1974. • Direct rule until 1999

  4. Problems for devolution in Northern Ireland • Conflict between nationalist and unionist communities • Violence • Lack of Trust between communities

  5. Dealing with the problems • Protection of human rights • Northern Ireland Act 2000 • Very detailed on procedures and powers • Allow for suspension of devolution

  6. The arrangements • Belfast Agreement 1998 • ‘Good Friday’ Agreement • Three strands • Referendum May 1998 – majority agreement (71%) • Protect both communities • STV for 108 members of the Northern Ireland Assembly • All parties in the Assembly to be represented in the committees and the executive

  7. D’Hondt method – members of executive committee, committee chairs and deputies • Important decisions are taken by QMV • Recognised the right to self-determination • Problem: Decommissioning • Independent International Commission on Decommissioning Arms

  8. The Assembly • Northern Ireland (Elections) Act 1998 • Elections to a new Northern Ireland shadow assembly June 1998 • STV • Northern Ireland Act (1998) implemented in December 1999 – devolved legislative and executive powers to the executive and assembly

  9. Assembly • Similar to Scottish model (and that of the 1922-72 NI Parliament) • Certain matters • Reserved: Assembly may legislate on these if the consent of the Secretary of State and the Westminster Parliament is given e.g. public order law, the police, civil defence, consumer safety, navigation • Excepted: not likely to be transferred e.g. the Crown, UK elections, international relations, nationality, immigration or • Entrenched: European Communities Act 1972, Human rights Act 1998 and aspects of the Northern Ireland Act

  10. 10 Statutory (departmental) committees • Chairs are nominated by parties and d’Hondt method used to allocate chair to committees • Broadly proportional • 6 Standing committees • Nothing to scrutinise the Office of the First and Deputy First Minister on external matters • Accountable? • Effective?

  11. The Executive • First Minister and Deputy First Minister • Ministers– quite autonomous • Not subject to collective responsibility • In practice – members will seek consensus

  12. Civic Forum • Ensuring that the voice of the people is heard. • Two members n the Assembly • Views must be obtained on social, economic and cultural matters. • Members nominated by business interests, agriculture & fishing interests, churches and trade unions. • Balanced by gender, community background, geographic considerations and age. • However…. Orange Order not included, resentment of its consultative status, does it have enough power?

  13. Recent events • Suspended 14 October 2002 – 7 May 2007 • Elections. • St Andrew’s Agreement • Sinn Fein/ Democratic Unionist Party relations • No agreement on the devolution of policing and justice powers • Opposition to power-sharing? • Resignation of Paisley

  14. http://www.ark.ac.uk/elections/

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