NI Executive

First and Deputy First Minister

Within seven days after the meeting of the Assembly, the offices of the First Minister and deputy First Minister are filled, in accordance with the following provisions.

The largest political party of the largest political designation nominated the First Minister under the 1998 Act. The largest political party of the second largest political designation nominates the deputy First Minister. 

If the largest political party of the largest political designation is not the largest political party, the nomination for First Minister is to be made by the nominating officer of the largest political party. The designation for deputy is made by the nominating officer of the largest political party of the largest political designation in this case.

The above provisions were amended following the St. Andrew’s  Agreement. The Nominating Officer of the largest party in the largest designation in the Assembly shall make a nomination to the Assembly Presiding Officer for the post of First Minister. The Nominating Officer of the largest party in the second largest designation in the Assembly shall similarly nominate for the post of Deputy First Minister.

Unless the offices are taken up, each must be re-nominated. The procedure may apply as many times as necessary in order to fill the two offices. No person may take up the office later than seven days after the first meeting of the Assembly.

Each must affirm the pledge of office. The offices are held until the next appointment. Either First Minister or deputy First Minister may appoint a person to act in their absence or incapacity or vacancy for up to six weeks.

The Pledge of Office would require that Ministers would participate fully in the Executive and NSMC/BIC, and would observe the joint nature of the office of First Minister and Deputy First Minister.

The size of a political party is determined by the number of seats it held on the day the Assembly first met following the election. If parties have the same number of seats, the number of first preference votes determines the larger.

A party is deemed to be of the designation if more than half of its members have that designation. The designations are “Nationalist” and “Unionist” or “Other”. The size of each designation is the number of members in it.

The First Minister and Deputy First Minister would reach agreement as to whether any functions of the current OFMDFM should be transferred to other departments, and would put proposals to the Executive and Assembly accordingly.

Where a vacancy arises later in the office of the FM or DFM, the nominating officer(s) of the party(ies) entitled to nominate as above for the office(s) would do so and the nominee would take up office once he had taken the pledge of office.

If either the First or deputy First Minister ceases to hold office, the other is deemed to have ceased to hold office but may continue to hold office, exercise functions, until the offices are filled. If the offices are vacant at any time, they are to be filled within seven days under the below procedure.

Exclusion

Where the Assembly resolves that a political party does not enjoy its confidence; and the period of exclusion has not come to an end, the above provision is to take effect as if the number of seats it held was nil. The same applies where a Secretary of State gives a direction in respect of a political party.

Where the person nominated to hold office as First or deputy First Minister ceases to hold so as a result of such a direction, both cease to hold office.

If the Assembly resolves that a Minister or junior Minister no longer enjoys the confidence of the Assembly because he is not committed to non-violence and exclusively peaceful and democratic means; or because of a failure to observe his terms of office, he may be excluded for a period between three and 12 months. This may be extended by further three to 12 months.

The Assembly may resolve a political party does not enjoy its confidence for the same reasons. In this case, the party is excluded from holding office as Ministers or junior Ministers between six and 12 months, which may be extended.

The Secretary of State may require the Assembly to consider a resolution to this effect. The Secretary of State shall take account of whether the person concerned is committed to the use now and in the future of only democratic and peaceful means to achieve his objectives; whether it has ceased to be involved in any acts of violence or preparation for violence; whether it is directing or promoting acts of violence; whether it is co-operating with the decommissioning legislation; and any recommendation Assembly may consider pursuant to the Monitoring Commission legislation. A resolution may only be passed with cross-community support.

The Decommissioning Monitoring Commission has the power to take steps involving a recommendation for exclusion. Where the motion for a resolution fails, the Secretary of State may exclude the Minister or junior Minister concerned for such period of not less than three months, between 12 and three months, as he may direct, which may be renewed. The Secretary of State may only exercise the power if he is satisfied in the above terms.

In exceptional circumstances, the Secretary of State may exclude a Minister or junior Ministers until a report from the Commission has been made and the Assembly has considered a resolution, for up to two weeks. Exceptional circumstances are such that there is insufficient time for the Commission to make a report and the Assembly to adopt a resolution.

Appointing Ministers

The First and Deputy First Minister acting jointly shall determine the number of Ministerial offices to be held and the functions exercisable by the holder of each office. This applies, where legislation provides for the establishment of a new Northern Ireland Department or dissolves a different one, an existing one.

The number of Ministerial offices is not to exceed 10 or such greater number as the Secretary of State may prescribe. The Minister of Justice is now the only Northern Ireland Executive Minister elected on a cross-community vote. All other ministers are party appointees.

Where a new and existing office is dissolved, Ministerial offices become vacant by exclusion or other circumstances, as may be prescribed, all Ministers are to cease to hold office and there is provision for filling of offices.

The following formula is applied as many times as is necessary to secure each Ministerial office is filled;

The number of seats is divided by one plus number of Ministerial offices held. Where the resultant number for two political parties are equal, the number of seats is substituted for the number of first preference votes at the last general election.

The St. Andrew’s Agreement amendment provide that after the election of the First Minister and Deputy First Minister, the above d’Hondt procedure will then run,  to fill the Ministerial posts in the Executive.

A Minister may not take up office until he has affirmed the terms of the pledge of office. Minister may resign by notice, he ceases to be a member of the Assembly otherwise than by dissolution; or he is dismissed. Where a Ministerial office becomes vacant, the party who nominated the previous incumbent may nominate the substitute.

Minister for Justice

The Minister of Justice is the only Northern Ireland Executive Minister elected on a cross-community vote. All other ministers are party appointees.

The Department of Justice is to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination made by one or more members of the Assembly. The Nomination is to be pproved by a resolution of the Assembly passed with the support of—

• a majority of the members voting on the motion for the resolution,
• a majority of the designated Nationalists voting, and
• a majority of the designated Unionists voting.

Junior Ministers

The Minister and First deputy Minister may jointly appoint junior Ministers. The functions to be exercised by them are specified in the determination.

The First and deputy First Minister may agree on other rules and formulae in relation to the determination. A determination must be approved by the Assembly.

The Executive and Departments

The Executive Committee of the Assembly consists of the First Minister, deputy First Minister and other Ministers. The deputy and First Minister and First Minister are Chairman. The function shall include dealing and co-coordinating the work of the Executive Committee. The Executive Committee is to provide a forum

• for discussion and agreement on issues that cut across the responsibility of two or more Ministers
• for prioritising executive and legislative proposals and recommending a position where necessary such as in dealing with external relations.

They shall seek to agree each year, a programme incorporating an agreed budget, linked policies and a programme, subject to approval by the Assembly after Scrutiny and Assembly Committees on a cross-community basis.

The existing Northern Ireland Departments became departments for the purpose of the Assembly and, devolved government. A Department may be vested in the First and deputy First Minister acting jointly and shall not be otherwise regarded as a department for the above purposes.

There are special provisions in respect of the Northern Ireland Department dealing with policing and justice. It may be in charge of two Northern Ireland Ministers acting jointly. The Minister must be appointed by a resolution passed by a majority of the designated Nationalist and the designated Unionists. It may provide for rotating senior and junior Ministers. It may provide for a Minister and deputy Minister. This has been reformed; see below.

If the Secretary of State has no reasonable prospect that the Assembly will pass above Act, it may provide for an Act of Parliament, an Order in Council before Parliament, establishing a new Northern Ireland Department consisting of policing and justice. There are other elaborate provisions in relation to the Department of Justice, features of which are set out, separately. The Department of Justice was eventually established in 2011.

Secondary Legislation

Acts of the Assembly or other enactments may confer functions on Ministers or by Departmental names. The executive power in Northern Ireland is vested in Her Majesty. In relation to transferred prerogative and other executive matters. They are exercisable on Her Majesty’s behalf by any Minister or Northern Ireland Department.

The Northern Ireland Civil Service and the Commissioner for Public Appointments for Northern Ireland, the prerogative, and other executive powers are exercisable on Her Majesty’s behalf by the First Minister and deputy First Minister acting jointly.

The First Minister and deputy First Minister acting jointly may by prerogative order direct that such of the powers mentioned above be exercised by Ministers or specified departments.