Limits & Controls

Limits of Power and Directions

A Minister may not approve any secondary legislation which is incompatible with the European Convention on Human Rights, EU Community law, discriminates on the ground of religious belief or political opinion, aids or incites another person to discriminate or modifies any protected enactment under the legislation.

The Secretary of State may revoke legislation dealing with an excepted or reserved matter other than as permitted. Same applies to actions taken or proposed to be taken by a Government Department which is incompatible with an international obligation, defences, interests of defence or national security, protection of public safety or public order. He may direct that the action not be taken.

Conversely, where he is of the opinion that any action is so required by international obligations, safeguarding the interest of defence and national security, protecting public safety or public order, he may direct the action be taken. Action may include making of subordinate legislation or introducing a Bill into the Assembly.

The Secretary of State may revoke legislation which would be incompatible with any international obligations, incompatible with the interests of defence or national security or protection of public safety or order or would have an adverse effect on the operation of the single market in goods and services.

A Minister of the UK government may make an order requiring a proportionate part of the result to be achieved by the UK under an international obligation to be achieved by a Northern Ireland Department. This may be an amount or ratio or be with reference to an area.

Agency arrangements may be made between departments of the UK Government and Northern Ireland Departments for any functions to be discharged by members or officers of the other.

Ministerial Code

A Ministerial Code is prepared under the Northern Ireland (St Andrews Agreement) Act and may be replaced from time to time and amended. Ministers or junior Minister must comply with the Ministerial Code. The Assembly, on the proposal of the Minister and deputy First Minister, may draft amendments to the Code.

The Ministerial Code must include provisions in relation to the procedures of the Executive in relation to taking decisions and consideration of the decision and powers that are to be considered by the North-South Ministerial Council, and the British-Irish Council.

The Code must provide that it is the duty of the chairmen of the Committee to seek to ensure that decisions of the Executive are reached by consensus wherever possible. If consensus cannot be reached, a vote may be taken. Three members of the Executive Committee may require a vote on a particular matter which is to be voted on by the Executive Committee to require cross-community support. A vote on a matter in the Executive Committee shall require cross-community support in the Executive Committee.

If 30 members petition the Assembly concerning a decision taken by the Minister or junior Minister that may be in contravention of the Code or relates to a matter of public importance, the matter may be referred to the decision of the Executive for consideration. The Executive Committee considers the reference and determines whether it there has been a breach of the Code; whether or not it relates to a significant or controversial matter; and any action the Executive proposes to take, in relation to the decision.

Thirty members of the Assembly may initiate such a referral, within seven days of a ministerial decision or notification of the decision where appropriate. Before he could pass the referral to the Executive, the Presiding Officer, following consultation with the parties in the Assembly, is equired to certify that it concerned an issue of public

The Executive considers the issue within seven days. A second referral may not be made by the Assembly in respect of the same matter. Only matters covered by the Ministerial Code, as set out above,require  a collective decision by the Executive.

Statutory Committees

Standing orders of the Assembly must be made to enable statutory committees to be established. Committees are to advise and assist the deputy and First Deputy Minister in formulation of policy in relation to matters within their responsibility as Ministers jointly in charge of the office of First and deputy First Minister and to advise and assist each Northern Ireland Minister in the formulation of policy with respect to the matters which is his responsibility.

Committees may be established in relation to one or more Northern Ireland Departments. They are to have the functions of scrutiny, policy development and consultative role with respect to the Department to which it is associated. It has a role in the initiation of legislation.

They have the power to consider and advise the Department on budgets and annual plans, approve secondary legislation, and take the committed stage of relevant primary legislation. They may call for persons and papers, initiate inquiries and make reports and consider and advice on matters brought to the Committee by its Minister.

The methods of nomination of members to committees are broadly similar to that in respect of the appointment of Ministers. The chairmanships are nominated in a similar way to the appointment of Ministers.

Provision is to be made for a Committee to review the functioning of the Assembly and Executive. It is to make reports for the Assembly and Executive. It is to make a report on the operation of Parts III and IV of the legislation to the Secretary of State, Assembly and Executive.

Further Disqualification Provisions

The Northern Ireland (Miscellaneous Provisions) Act 2014 disqualifies members of the House of Commons and the Dàil Èireann from being members of the Assembly. A person elected to the Assembly must in effect resign the position in the other legislature within eight days.

Prospective members of Assembly are obliged to make a statement of readiness that they are not disqualified for membership of the Assembly. He must state if he is an MP or member of Dàil Èireann.

The legislation extends the term of the Assembly from four to five years.

The election of the Minister for Justice had stood separate from the D’Hondt Appointment System so that the Minister for Justice’s party might also hold a second ministry under that provision. The Minister for Justice counts as a ministry in the successive rounds of appointment so that it is treated equally with other ministries in those terms but not in the substantive terms of appointment.

The Northern Ireland Assembly Disqualification Act applies to disqualified certain persons from membership of the Assembly, include being persons holding judicial office, civil service of the Crown, members of the Regular Armed Force, members of the Police Force maintained by any police authority, members of third-party legislatures other than the Republic of Ireland (see above), holders of certain specified public offices.

A person who is an officer on the retired or emergency list of the Regular Armed Forces or who holds an emergency commission is not disqualified. Similarly, a naval, army, marine or air force pensioner or former soldier, who is recalled for service, is not disqualified.

Disqualifications apply to most judicial offices in the United Kingdom, Social Security Services, Child Support Commissioner, Immigration Services Tribunal, Land Registry Adjudicator.

There are several Boards all of whose members are disqualified. There are almost 200 Boards in the United Kingdom, membership of which is incompatible with Membership of the Assembly. They range from most public statutory bodies, commissions, boards, regulated sectors or undertaking functions generally.