Key Facts

• Sir Jonathan Stephens was permanent secretary of the Northern Ireland Office from 2014 until February 2020.
• The lack of ministerial accountability left civil servants in an unprecedented situation with no clear direction or decision-making authority.
• The Bill aims to provide time and space for resolving differences among political parties and ensuring continuity in decision-making.
• There has been significant societal change since the Good Friday agreement, leading to two substantial minority communities with a growing number identifying separately from either.
• The Bill provides for up to 24 weeks before triggering an obligation to call an Assembly election.
• Without an Executive Committee or meeting, decisions on cross-cutting issues cannot be made.
• Emma Little-Pengelly recently served as a special adviser to the First Minister.
• She has been involved in numerous iterations of negotiations since 2007.
• The session is scheduled for 45 minutes.
• Emma Little-Pengelly worked closely with drafters office and machinery of government elements in preparing for restoration of institutions back in 2007.
• The system in Northern Ireland is based on consensus and inclusion as a key principle arising from the Belfast/Good Friday agreement.
• The petition of concern mechanism applies broadly to all key decisions, not just narrow issues according to Little-Pengelly.
• The petition of concern has been used historically to reflect lack of consensus.
• A 14-day cooling-off period is proposed in the Bill.
• Little-Pengelly highlights that Ministers cannot take decisions outside their legal powers without Executive approval.
• There has been frustration over perceived breaches of the ministerial code.
• The Bill proposes tightening provisions in the ministerial code.
• Changes include moving from a seven-day resignation period to a rolling process of six weeks.
• The petition of concern mechanism was designed to build trust and confidence among parties across communities.
• In recent elections, there is a significant number of minorities compared to previous periods when Unionists had a majority.
• There has never been successful legislation in the human rights or equalities sphere by the Northern Ireland Assembly since its creation in 1999.
• Sir David Amess is leading a session to hear from Mark Durkan.
• Mark Durkan negotiated the Good Friday agreement.
• Mark Durkan served as Finance Minister in the first Executive and then as Deputy First Minister elected by the Assembly in 2001.
• The Assembly was suspended in 2002.
• The Good Friday agreement was negotiated by Mo Mowlam as Secretary of State.
• The agreement committed Westminster to legislating for a Bill of Rights alongside the European convention on human rights.
• Post-Brexit legislation has introduced powers that undermine commitments made in the Good Friday agreement.
• The Bill of Rights needs clarification regarding its impact on the European convention on human rights.
• The petition of concern has been misused and acts as a pre-emptive or predictive veto, hindering legislative progress.
• The St Andrews agreement introduced an additional point of Executive veto, complicating decision-making processes.
• The DUP sought change to avoid voting with Sinn Féin for First and Deputy First Ministers.
• Changes were made in December 2004 to ensure other parties vote for the First and Deputy First Ministers before getting ministerial positions under d’Hondt rules.
• Current changes turned Assembly elections into a first-past-the-post race for First Minister.
• The NDNA negotiations aimed to lock in stability but may have failed to adequately correct issues.
• Planning permission exists for roll-over periods of every six weeks if caretaker Ministers are required.
• There is concern about the Secretary of State's ability to call an election due to insufficient representation among Ministers.
• The petition of concern was intended to ensure joined-up scrutiny by linking Assembly consideration with advice from equality and human rights commissions.
• A Bill of Rights envisioned in the Good Friday agreement is considered diminished due to post-Brexit legislation.
• Public authorities in Northern Ireland can refuse requests that breach the European Convention on Human Rights, but cannot challenge instructions under the UK Internal Market Act.
• Sir David Amess calls for questions from colleagues.
• The discussion involves the Good Friday agreement institutions.
• There has been a restoration of devolution and functioning of key political institutions since the NDNA deal.
• The NDNA agreement was recognised as necessary for restoring institutions.
• There are limitations in the NDNA being translated into statute, which could create difficulties between parties and involve the Secretary of State.
• Proposed new paragraphs (e), (f) and (l) provide additions to the ministerial code in relation to community relations and equality opportunities.
• Sir David Amess introduces Alex Maskey, Speaker of the Northern Ireland Assembly.
• Alex Maskey was elected to his position in January 2020 following the NDNA agreement.
• Lesley Hogg is the Clerk and chief executive of the Assembly since 2016.
• Dr Gareth McGrath is the director of parliamentary services, serving since 2008.
• The Bill includes a 14-day consideration period when a petition of concern is presented by 30 Members.
• If Ministers remain in office after an election, Committees cannot be established until all ministerial offices are filled.
• The proposal prohibits the Speaker and Deputy Speakers from signing petitions of concern throughout their mandate.
• Maskey expresses concern about Ministers operating on a caretaker basis without clear scrutiny or accountability.
• The NIO suggests wanting flexibility regarding 'sufficient representation', which Maskey believes needs clarification.
• Maskey states that specific proposals are not his role as Speaker but supports officials liaising with the NIO.
• Former Speaker Hay highlighted in 2009 that tabling a petition of concern is a serious step.
• 116 petitions of concern were tabled during the 2011 to 2016 mandate, one in the 2016 to 2021 mandate, and none in the last 18 months.
• The Speaker verifies whether a Bill is competent before it is introduced and refers issues regarding human rights compatibility declarations to the Human Rights Commission.
• Sir David Amess leads the conclusion of the session.
• Witnesses include Alex Maskey from Northern Ireland Assembly.
• The session is ordered to be adjourned until Tuesday 6 July.