Constitution Overview
Northern Ireland, together with the 26 counties now constituting the Republic of Ireland, formerly constituted a single country and legal system which, prior to 1920, was part of the United Kingdom. Northern Ireland was established as a separate legal system by the Government of Ireland Act 1921. Under this legislation, a considerable amount of governmental powers were devolved to Northern Ireland.
The transferred matters included law and order, local government, health and social sciences, education, planning, internal trade, industrial department, and agriculture. Matters such as armed forces, external trade, weights and measures, copyright, and certain taxation laws were reserved to the Westminster Parliament.
The Northern Ireland Parliament enjoyed powers intended to be encompassed in home rule for the entire island of Ireland. In the events that transpired, the Irish Free State, later the Republic of Ireland, gained a greater degree of independence, and the Irish Free State was established on 6 December 1922.
Certain matters were reserved and intended to be dealt with by the proposed Council of Ireland, which was never created. These included postal services, registration of deeds, and certain taxes. The Northern Ireland Parliament consisted of the House of Commons and the Senate. A Governor General sat in Hillsborough.
A considerable amount of legislation was passed each year by the Stormont parliament, much of it still in existence. Some legislation was very similar to the corresponding legislation in England and Wales, while some was unique to Northern Ireland or reflected the different legal system that existed in Ireland when it was part of the United Kingdom. For example, much legislation passed by the United Kingdom Parliament was specific to Ireland, reflecting local laws and conditions.
Due to the growing troubles in the early 1970s, the Northern Ireland Parliament was suspended, and direct rule was introduced. For much of the period from 1972 to 1999, Northern Ireland was ruled by so-called direct rule.
During the Stormont period, many residual laws were made by the UK Westminster Parliament. Northern Ireland members of parliament sat in the Westminster Parliament, with some sitting in both Parliaments.
From 1972 to 1999, Northern Ireland was ruled directly, with its power for making laws transferred to the Privy Council made by orders in council. The executive powers, powers of the former Northern Ireland government, were transferred to the Secretary for State for Northern Ireland, a member of the UK cabinet. During the Stormont Parliament, Northern Ireland had its own prime minister, who was invariably a member of the Unionist party.
Throughout this period, Northern Ireland continued to have its own legal system. The equivalent of Acts were made by so-called ordering councils specific to Northern Ireland. Several attempts were made to restore devolution during the period. A Northern Ireland assembly was created in 1974, which functioned briefly before being toppled by civil unrest. A further assembly was established in 1982 to have scrutiny, consultative, and liberate powers, but the attempt was unsuccessful.
The Anglo-Irish Agreement in 1985 led to the establishment of the Anglo-Irish Intergovernmental Conference. It also created an Anglo-Irish Parliamentary Council with 25 members from each of the British and Irish Parliaments meeting from time to time to discuss matters of mutual interest. The Anglo-Irish Agreement was an international treaty and did not have the force of law. It gave the Republic of Ireland a consultative role in relation to certain aspects of Northern Ireland’s government. The intergovernmental conference allowed representatives of the Irish government to put forward views on the governance of the province.
Following the so-called Good Friday agreement, referenda were passed in both Ireland, North and South. The British Irish Agreement was implemented by way of a new Northern Ireland Act of the UK Parliament, creating the Northern Ireland Assembly. Seats on the government consist of the executive committee with a First Minister and Deputy First Minister. A
special proportional representation gave the four largest parties proportionate seats in the government. The Assembly commenced in December 1999. It was dissolved and reinstated a number of times between 2001 and 2008, operated briefly in 2002, and was suspended again until May 2007. The Assembly has been fully operational since May 2007.
The powers of the Northern Ireland Assembly are similar to those of the former Northern Ireland Parliament. The Northern Ireland Assembly has powers to permit laws on all matters except accepted or reserved matters. There is provision for the transfer of further powers.
In 2010, powers in relation to policing were transferred to the Northern Ireland Assembly, and the Alliance party leader David Ford became the first Northern Ireland Minister for Justice. Policing, security, prisons, criminal justice were transferred to Northern Ireland. In the period from 2002 to 2007, Northern Ireland laws were made by orders in Council of the Privy Council.
Northern Ireland still elects 18 members to the UK House of Parliament. There is a Northern Ireland committee in Westminster dealing with Northern Ireland affairs.
Much legislation passed in the United Kingdom Parliament is unique to Northern Ireland, as was the case when Ireland was part of the United Kingdom. Many specific Acts and pieces of legislation apply just to Northern Ireland, reflecting its unique legal system and circumstances.
Apart from the Northern Ireland Assembly and Executive, the North-South Ministerial Council meets periodically. North-South implementation bodies are established to implement policies agreed by ministers at Council meetings. The North-South bodies currently include Waterways Ireland, Food Safety Promotion Board, Trade and Business Development Body, Special European Union Programmes Body, North-South Language Body, Foyle and Carlingford, and Irish Lights Commission.
The British-Irish Council includes representatives not only from Ireland but also from Northern Ireland, England, Scotland, Wales, Isle of Man, Jersey, and Guernsey.
The British-Irish Intergovernmental Conference replaced the Anglo-Irish Intergovernmental Conference.
Prior to devolution, Northern Ireland was administered by the Northern Ireland Office, headed by the Secretary for State for Northern Ireland assisted by two or more junior ministers. It had offices in London and Belfast. The Northern Ireland civil service staff the various government departments within Northern Ireland, including the Department of Agriculture and Rural Development, Culture Arts and Leisure, Education, Enterprise Trade and Investment, Environment, Finance and Personnel, Employment and Learning, Health Social Services and Public Safety Regional Development, Social Development.
The office of the First Minister and Deputy First Minister retains responsibility for a wide range of economic policy, European affairs, and other issues. Two junior ministers are attached. The Assembly may not take any action which contravenes the European Convention on Human Rights.
Local government in Northern Ireland was revised in 1973. There are 26 local authorities: 2 city councils, 11 borough councils, and 11 district councils. Councillors are elected every four years under a single transferable vote with five to seven councillors in each area. Each council elects a chairperson.
The powers are more limited than in Great Britain, dealing with certain responsibilities in the area of health and consumer protection. Local authorities may apply to Magistrates Court for an Antisocial Behaviour Order.
There are significant proposals at present for the revision of local government in Northern Ireland, proposing a dramatic reduction in the number of councils.
The Privy Council made most laws in the period 1972 to 1999 and 2002 to 2007. These were made by orders in Council. In practice, orders from the Council are made by the Queen formally approving draft orders presented by ministers involved