Governmental Powers

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. Acts of the Assembly or other enactments may confer functions on Ministers or by Departmental names.

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.

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 accepted or reserved matter other than as permitted. The same applies to actions taken or proposed to be taken by a Government Department which is incompatible with international obligation, defenses, interest of defense 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 defense and national security, protecting public safety, or public order, he may direct the action be taken. Action may include making of subordinate legislation 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 defense 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.

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 Ministers 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.

The Executive Committee must adopt a strategy to enhance and protect the development of the Irish language and Ulster Scots language, heritage, and culture. The strategies must be reviewed from time to time. It must adopt a strategy in relation to poverty, social exclusion, and patterns of deprivation based on need.

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 the 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 are 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 a consultative role with respect to the Department to which it is associated. They have a role in the initiation of legislation. They have 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 advise 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.

The Northern Ireland (Miscellaneous Provisions) Act 2014 disqualifies members of the House of Commons and the Dáil Éireann from being members of the Assembly. A person elected to the Assembly must effectively 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 Dáil Éireann.

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

The Department of Justice was eventually established in 2011.The election of the Minister for Justice stands separate from the D’Hondt Appointment System so that the Minister for Justice is elected on a cross-community basis.