Devolution

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/