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This is your third question out of 4 on your AS1 paper

This essay elaborates three effective methods for a statutory committee to perform scrutiny functions. It discusses inquiry reports, media involvement, and usage of legislative powers, focusing on political issues in Northern Ireland.

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This is your third question out of 4 on your AS1 paper

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  1. This is your third question out of 4 on your AS1 paper • It is an EXPLAIN question and is based on an ITEM (Source) and knowledge • It will ask you to EXPLAIN THREE possible factors/ functions/ methods etc • You HAVE to use the ITEM (Source) • Set aside 20 MINUTES to answer this question. 5 minute thinking time and 15 minutes write up • Think about it first before writing anything down. Marks are lost by rushing into answers without thinking about the answer. • Focus on the question and keep it related to it and relevant. It doesn’t need an introduction. It does need THREE clear points in three paragraphs. • Try to aim for at least ¾ of an A4 page. • To maximise marks just use the SOUCE and continue to NAME and EXPLAIN and use your OWN KNOWLEDGE • Count your marks to finish

  2. With reference to the Item and any other relevant material you have studied , explain THREE ways in which a statutory committee can perform its scrutiny function’ [15 marks] Debating policy Plastic bags tax / Welfare reform Investigative visits (Rathlin) Have the power to make recommendations to the Executive department – (Advise the Minister) FIRSTLY, The Executive had fallen out bitterly over the introduction of the Welfare Reform act to Northern Ireland. The DUP and UUP were broadly in favour of this while the SDLP and SF were against it. This caused an expensive stand off which lasted until the Fresh Start agreement recently. Inquiries and issuing Reports ( Suicide awareness) SECONDLY, The Executive were deeply divided over their approach to Brexit. This has lasted from before the referendum in June to the fall out over a post Brexit Northern Ireland and how to approach it. The DUP were in favour of Brexit and continue to support this while the other parties opposed it and are divided over how Northern Ireland should fare post Brexit. Involving the Media (Historical child abuse) Calling for Persons & Papers Power to compel ; reasons for doing so – Examples – Source

  3. With reference to the Item and any other relevant material you have studied , explain THREE ways in which a statutory committee can perform its scrutiny function’ [15 marks] The first way the statutory committee can perform its scrutiny function is in its use of the power to Call for Persons and Papers. This is a considerable power and is used a lot in the Assembly. The NI committees have the power to compel witnesses to attend or for papers to be released. Failure to do so will result in a fine or even a prison sentence. This is a lot more powers than other legislatures including Westminster. The power allows MLA’s the chance to questions Ministers, public officials or indeed stakeholders. This will allow MLA’s the chance to perhaps hold a Minister to account. A case of this was Emma Pengelly the DUP Chair of the Finance committee holding the Finance Minister Mairtin O’Mulleior to account over an alleged connection to the NAMA coaching scandal. In the case in question in the Item the Department of Education would be asked to hand over vital papers outlining ‘how inspectors judge a schools performance.’ The consultation in question is over 6 months and may draw in many witnesses of written submissions. FIRSTLY, The Executive had fallen out bitterly over the introduction of the Welfare Reform act to Northern Ireland. The DUP and UUP were broadly in favour of this while the SDLP and SF were against it. This caused an expensive stand off which lasted until the Fresh Start agreement recently. SECONDLY, The Executive were deeply divided over their approach to Brexit. This has lasted from before the referendum in June to the fall out over a post Brexit Northern Ireland and how to approach it. The DUP were in favour of Brexit and continue to support this while the other parties opposed it and are divided over how Northern Ireland should fare post Brexit.

  4. With reference to the Item and any other relevant material you have studied , explain THREE ways in which a statutory committee can perform its scrutiny function’ [15 marks] The second way the statutory committee can perform its scrutiny function is in its ability to hold inquiries and produce reports. The Assembly committees themselves have the power to initiate inquiries from within their remit with the aim of making future policy more effective or even of introducing legislation. They can question witnesses and take evidence and after this process has taken place they may make a number of well considered recommendations which they put in their report. This report is then sent to be considered by the Executive. As the committes also contain a DUP and SF majority, the Reports recommendations may be looked upon favourably. A good example of this was when MLA’s on the health committee studied the effect of suicide particularly in North Belfast. This led them to make a number of recommendations which were then followed up by the Executive. FIRSTLY, The Executive had fallen out bitterly over the introduction of the Welfare Reform act to Northern Ireland. The DUP and UUP were broadly in favour of this while the SDLP and SF were against it. This caused an expensive stand off which lasted until the Fresh Start agreement recently. SECONDLY, The Executive were deeply divided over their approach to Brexit. This has lasted from before the referendum in June to the fall out over a post Brexit Northern Ireland and how to approach it. The DUP were in favour of Brexit and continue to support this while the other parties opposed it and are divided over how Northern Ireland should fare post Brexit.

  5. With reference to the Item and any other relevant material you have studied , explain THREE ways in which a statutory committee can perform its scrutiny function’ [15 marks] The third way the statutory committee can perform its scrutiny function is in making investigative fact finding visits. The Committees have made over 81 visits outside of the NI Assembly over the past few months. These visits help to increase the scrutiny powers of MLA’s on the committees but also aid representation. They can build policy and lead to changes too. This is shown in Rathlin island where a Social Development committee was sent to talk to the locals and plan ahead. The outcome of the meeting was a new ferry and toilet facilities on the island with the aim of boosting tourism which indeed it did. FIRSTLY, The Executive had fallen out bitterly over the introduction of the Welfare Reform act to Northern Ireland. The DUP and UUP were broadly in favour of this while the SDLP and SF were against it. This caused an expensive stand off which lasted until the Fresh Start agreement recently. SECONDLY, The Executive were deeply divided over their approach to Brexit. This has lasted from before the referendum in June to the fall out over a post Brexit Northern Ireland and how to approach it. The DUP were in favour of Brexit and continue to support this while the other parties opposed it and are divided over how Northern Ireland should fare post Brexit.

  6. With reference to the Item and any other relevant material you have studied, explain three strands of the 1998 Belfast Agreement. • With reference to the Item and any other relevant material you have studied, explain three changes made to the 1998 GFA in subsequent Agreements. • With reference to the Item and any other relevant material you have studied, explain three ways in which MLAs can influence the legislative process • With reference to the Item and any other relevant material you have studied, explain three ways in which the Assembly can scrutinise the Executive committee. • With reference to the Item and any other relevant material you have studied, explain three criticisms of how the NI Assembly has performed its functions since 2007.

  7. With reference to the Item and any other relevant material you have studied, explain three ways in which MLAs can use questioning as a tool for holding ministers to account. • With reference to the Item and any other relevant material you have studied, explain three ways in which a statutory committee can perform its scrutiny function. • With reference to the Item and any other relevant material you have studied, explain three ways in which a statutory committee can perform its legislative function. • With reference to the Item and any other relevant material you have studied, explain three criticisms of Assembly Statutory committees • With reference to the Item and any other relevant material you have studied, explain three ways in which the Executive is able to control legislation in the Assembly

  8. With reference to the Item and any other relevant material you have studied, explain three areas of disagreement within the Executive Committee since 2007 • With reference to the Item and any other relevant material you have studied, explain three achievements of the Executive committee since 2007. • With reference to the Item and any other relevant material you have studied, explain three criticisms of the Executive Committee since 2007. • With reference to the Item and any other relevant material you have studied, explain three areas of difference between the DUP/Sinn Fein/ or nationalist and unionist parties. • With reference to the Item and any other relevant material you have studied, explain three reasons for the DUP’s dominance over the UUP.

  9. With reference to the Item and any other relevant material you have studied, explain three reasons for Sinn Fein’s dominance over the SDLP. • With reference to the Item and any other relevant material you have studied, explain three ways the UUP / SDLP have sought to reverse their decline. • With reference to the Item and any other relevant material you have studied, explain three ways in which the DUP and Sinn Fein are able to dominate the Assembly and Executive. • With reference to the Item and any other relevant material you have studied, explain three ways in which DUP / Sinn Fein policies have changed since 2003. • With reference to the Item and any other relevant material you have studied, explain three reasons to explain why the Alliance party has always struggled in NI politics

  10. With reference to the Item and any other relevant material you have studied, explain three strands of the 1998 Belfast Agreement. [Remember roughly 5 marks a paragraph] • 1st Para: Strand 1 • An agreed form of Power-sharing. • An elected Assembly set up based on STV (type of PR) This was much more representative and allowed smaller parties the chance to have influence. It also allowed people to move on from Orange and Green as it broadened their vote • Elected 108 MLA’s 6 per constituency • Power sharing based on D'Hondt – allocated positions fairly and representatively • Mandatory coalition set up with 5 principle parties to coordinate. • - Petition of concern and cross community voting in place to protect minorities • First and Deputy first ministers chosen to represent two major communities 2nd Para Strand 2 North South links to be included North South Ministerial council set up Permanent secretariat based in Armagh. Regular meeting between northern and southern government to boost cooperation in issues that are shared. They have helped to cooperate on 6 key areas of power including transport, health and waterways. They have worked together on infrastructure schemes such as the motorways and have coordinated with Southern counterparts 3rd Para: Strand 3 The British Irish Council meets twice a year. It is involved in coordinating policies from across the British isles. It involves the Isle of Man, Channel islands and Jersey They too coordinate on policies of interest from example human trafficking. Drugs and crime and economic help

  11. With reference to the Item and any other relevant material you have studied, explain three changes made subsequently to the Belfast Agreement. [Remember roughly 5 marks a paragraph] 1st Para: St Andrews Explain Context: Failures of First Assembly – mistrust ; DUP blocking tactics; SF reluctance to work with police and support justice ; lack of decommissioning and continued paramilitarism Explain Agreement: Decommissioning agreed beforehand SF commitment to policing and justice as in new ministerial code DUP signed up to ministerial code which commits them to working with SF as well as attending North South Ministerial Council meeting F&DFM chosen as leaders of largest nationalist/unionist group New rules to prevent solo runs. Ability of 3 Executive minister to refer any decisions back to Executive 2nd Hillsborough Explain Context: Willingness to have policing and justice powers transferred but unsure of how to go about this. Also great deal of mistrust with SF/DUP. 105 days without talking Explain agreement Hillsborough transferred powers to NI Assembly for Justice. Justice Minister was to be decided by Cross Community vote ; not DHondt – due to issues over unionism and nationalism in charge of this sensitive position. David Ford, Alliance. Chosen as first Justice minister UK government put £800 million sweetener into the deal 3rd Stormont House and Fresh start Explain Context: Continues mistrust and issues that needed overcome such as welfare reform; assembly costs and paramilitarism Explain Agreement: Changes to Assembly make up 90 MLAs reduced from 108 5 per constituency Reduction to 9 departments New Opposition – SDLP and UUP Big issues such as legacy issues / flags / parades typically ‘parked’ Welfare reform seemingly agreed in Stormont House and then fell through ; Agreed in Fresh start with mitigation.

  12. With reference to the Item and any other relevant material you have studied, explain three reasons for Sinn Fein’s dominance over the SDLP. [Remember roughly 5 marks a paragraph] 1st Para: Policies SDLP were the largest nationalist party and nearly the largest party in 1998 and were clear architects of the GFA – However, this has transformed with SF now dominant. SDLP suffered from their own success. Many of their policies were achieved in the Belfast agreement. This left them looking distinctly looking unambitious and resting on their laurels following the agreement whereby SF were slowly becoming legitimate and moderating their policies to attract middle class SDLP voters. The SDLP have struggled to differentiate their policies from SF and are seen as being too Male, Middle Class, Middle of the road and Middle aged compared with SF 2nd Leadership The party benefited from the strong stewardship of John Hume throughout much of the 80’s and 90’s. He was internationally respected. However, he stepped down following the agreement. This left the party having to deal with a string of respectable but uninspiring leaders Mark Durkan, Margaret Ritchie, Alisdair McDonnell This constant change in leadership has not helped the party leadership. It also has to be compared to SF which have say steady and strong leadership from Martin McGuinness who was quite clearly in command, helped devise republican strategy and even went for President of Ireland. 3rd Polarisation With the rise of SF came the rise of the DUP or vice versa This polarisation of the electorate and northern politics left the moderate SDLP and UUP out in the cold suffering huge losses to the more radical and hard line parties, SF became legitimate the longer it was in the Assembly. It had committed itself to policing and justice and now seemed part of the political establishment. Middle class catolics were prepared to let SF fight their corner against the DUP not the SDLP SF could also claim to be the only All Ireland party with a firm agenda across the island. They began to build up seats in the Dail as well as dominate the north.

  13. With reference to the Item and any other relevant material you have studied, explain three reasons for DUPs dominance over the UUP. [Remember roughly 5 marks a paragraph] 1st Para: Policies DUP were implacably opposed to the GFA – yet were themselves involved in the Assembly – in the pretext of making it unworkable. It is the UUP however, who had to make all the controversial and very difficult decisions – paramilitary prisoners ; working with SF ; Police reform. The DUP could easily build up its power on the wake of unionist anger at seemingly such nationalist dominated change. The DUP watched as the UUP began to implode as the pressure became too great. Lack of decommissioning and a collapse of the assembly didn’t help. DUP in contrast were well disciplined and united with strong policies and a pragmatism to adapt and work with SF when the moment came at St Andrews 2nd Leadership The DUP had a string of strong leaders who seemed backed by the Party. Ian Paisley had a domination of the party for decades having been one of its founders. He was also synonymous with the party and had a strong personal following. Peter Robinson was cerebral and cunning although without Paisleys charm and charisma. There was also a strong internal discipline with party arguments very rarely broadcast or leaked. Contrast this to the UUP where David Trimble struggled to unite his gradually dividing party. He suffered leadership threats from members like Jeffrey Donaldson and eventually had to make way for a succession of leaders- Empey; Elliot- Nesbitt 3rd Polarisation The rise of SF inevitably brought about the rise of the DUP. Unionist voters sensed that vigorous nationalism needed to be met with vigorous unionism. They disliked all the changes that they had had to accept with very little seemingly in return. They wanted a strong negotiating voice and a united voice to get progress. The DUP seemed much more motivated and there was added pragmatism – the ability to adapt and actually work with SF in a viable Executive which led to the party becoming a lot more legitimate to previously moderate UUP voters.

  14. With reference to the Item and any other relevant material you have studied, explain three ways in which the Assembly can scrutinise the Executive. [Remember roughly 5 marks a paragraph] 1st Para: Questions MLA’s can use questions to scrutinise the Executive Oral Questions: These can be asked to hold Ministers to account very publicly. Example: Arlene Foster – RHI ; Edwin Poots – Gay Blood The debates are televised and recorded by Hansard to increase accountability. Written Questions: These are asked when information is required in detail by an MLA – Eg an increase in drugs in North Belfast and the Ministers response Jim Allister put forward over 800 questions last year Adjournment debates give chance for MLAs to raise constituency issues 2nd Para: Committees Committees have a role of both advising and scrutinising the Executive minister They can call for persons and papers to ensure highest scrutiny – Peter Robinson called to answer questions about his role with NAMA Edwin Poots (health minister at time) asked questions on his departments reactions to and responsibility for the Pseudomonas outbreak in Belfast hospitals 3rd Para: Opposition The Assembly now has an official opposition following John McCallisters Private members bill Parties can secede from the Executive if they choose. The SDLP and UUP have did this previously and even fought the election on a semi united front going as far as suggesting transfers to each others parties They are provided speaking rights in the chamber – they are allowed to reply first to major executive proposals or budgets They are given £60,000 support for researchers They are allowed 10 opposition days a year whereby they are allowed to set the topic

  15. With reference to the Item and any other relevant material you have studied, explain three ways in which the Assembly can scrutinise the Executive. [Remember roughly 5 marks a paragraph] 1st Para: Questions MLA’s can use questions to scrutinise the Executive Oral Questions: These can be asked to hold Ministers to account very publicly. Example: Arlene Foster – RHI ; Edwin Poots – Gay Blood The debates are televised and recorded by Hansard to increase accountability. Written Questions: These are asked when information is required in detail by an MLA – Eg an increase in drugs in North Belfast and the Ministers response Jim Allister put forward over 800 questions last year Adjournment debates give chance for MLAs to raise constituency issues 2nd Para: Committees Committees have a role of both advising and scrutinising the Executive minister They can call for persons and papers to ensure highest scrutiny – Peter Robinson called to answer questions about his role with NAMA Edwin Poots (health minister at time) asked questions on his departments reactions to and responsibility for the Pseudomonas outbreak in Belfast hospitals 3rd Para: Opposition The Assembly now has an official opposition following John McCallisters Private members bill Parties can secede from the Executive if they choose. The SDLP and UUP have did this previously and even fought the election on a semi united front going as far as suggesting transfers to each others parties They are provided speaking rights in the chamber – they are allowed to reply first to major executive proposals or budgets They are given £60,000 support for researchers They are allowed 10 opposition days a year whereby they are allowed to set the topic

  16. With reference to the Item and any other relevant material you have studied, explain three ways the SDLP has sought to reverse its decline. [Remember roughly 5 marks a paragraph] 1st Para: Leadership The party benefited from the strong stewardship of John Hume throughout much of the 80’s and 90’s. He was internationally respected. However, he stepped down following the agreement. The Party sought to reinvigorate its image with a set of new leaders. This is from a relatively small pool however. They ended up with a string of respectable but uninspiring leaders Mark Durkan, Margaret Ritchie, Alisdair McDonnell Colum Eastwood looks like the most likely to instigate change and provide good leadership but is it too late to do so 2nd Para: Policies There have been many attempts to try and make their policies much different to SF. In this they have struggled and have instead aimed to build up their image in contrast to Sinn Fein’s past. This has not been wholly successful. They have went into Opposition recently with the UUP – which is a novel move. This helps them to remove their direct involvement with the SF in the Executive which leads to a confused message when it comes to elections – when they are actually all in the same executive This alliance with the UUP was tentative and did not see a voter surge but it could be built on 3rd Para: Links The party tried to build up strong links with other parties such as Fianna Fail. They wanted to have an all Ireland Agenda like Sinn Fein and aimed to try and make this strategic link This link failed to materialise while SF’s all Ireland agenda did seem to flourish.

  17. With reference to the Item and any other relevant material you have studied, explain three ways in which the DUP and Sinn Fein are able to dominate the Assembly and Executive. [ roughly 5 marks a paragraph] 1st Para: Agreements Since St Andrews the two parties have dominated any agreements. Explain St Andrews and how they agreed to work together and the procedural changes Explain Hillsborough Explain Stormont House and notably Fresh Start which seemed to show the DUP and SF carving out their own agreement 2nd Para: Assembly Petitions of concern – Explain the nature of it – 30 etc There should be lots of marks here Used 117 times in last mandate. Explain how used/misused by party Used to protect Ministers – Nelson McCausland Explain party dominance in things like the committees. Party differences are supposed to be set aside but they have continued. Ministers are protected at times by party members 3rd Para: Executive Selected by d’hondt Therefore reflective of party strengths – Therefore DUP and SF dominate. There have been suggestions of a carve up of power at the expense of smaller parties. Times of dispute lead to long periods of inaction and poor governance – eg now – RHI

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