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Northern Ireland (Ministers, Elections and Petitions of Concern) Bill - Sitting 3

06 July 2021

Proposing MP
Blackley and Middleton South
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses amendments to extend the period for ministerial appointments in Northern Ireland after an election or resignation. The MP is discussing clauses 1 to 3 of the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill, focusing on caretaker Ministers' constraints and the role of the ministerial code in limiting their actions. The statement discusses amendments to ensure Ministers and Departments are accountable to users of services and maintain transparency and openness. Graham Stringer is discussing amendments related to strengthening ministerial accountability, transparency, and adherence to previous agreements in Northern Ireland. The statement addresses the importance of a programme for government in Northern Ireland to ensure accountability and sustainability of ministerial actions. The statement addresses amendment 6 related to inserting the three-meeting rule into law as part of the ministerial code. Graham Stringer addresses amendments related to the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill. The statement addresses concerns regarding amendments to the Petition of Concern in Northern Ireland's legislative process. The statement discusses amendments to the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill aimed at restoring the original intent of the petition of concern mechanism. The statement discusses amendments to the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill aimed at reforming the petition of concern mechanism. The MP is discussing the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill and addressing concerns about petitions of concern. The statement discusses the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill and the proposed two-month delay after Royal Assent. The statement discusses the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill and addresses the need for the UK Government to report on its commitments under NDNA. The statement addresses the issue of changing the current system for appointing First Ministers and Deputy First Ministers in Northern Ireland to better reflect demographic shifts and reduce polarisation. Claire Hanna discusses the importance of restoring joint election mechanisms for First Ministers in Northern Ireland's Assembly as outlined in new clause 3 of the Bill. The statement discusses the opposition to new clauses proposed in the Northern Ireland Bill that would reform the nomination process for First Minister and Deputy First Minister, arguing it could undermine power-sharing principles.

Action Requested

The proposal is to extend the period for filling ministerial offices from 14 days to six weeks, renewable up to a total of 24 weeks. This allows more time for discussions and continuity in decision-making while ensuring civil servants can continue to function under direction.

Key Facts

  • Clause 1 amends the Northern Ireland Act 1998.
  • The period for ministerial appointments is extended from 14 days to six weeks, renewable up to a total of 24 weeks.
  • Ministers will remain in post until new ones are appointed or within 24 weeks after an election.
  • The MP welcomes limited attempts to safeguard power sharing in the Bill.
  • Concerns are raised about Ministers potentially being able to take few decisions if there is no programme for government.
  • Clause 3 gives effect to paragraph 3.15 of the sustainability annex, ensuring cross-community confidence in a caretaker Executive.
  • Amendment 13 aims to make Ministers accountable to users of services as well as the Assembly and the public.
  • Amendment 14 proposes additional principles of transparency, openness, and compliance with information requests from various stakeholders.
  • Amendments aim to adhere to Strand One, Annex A of the Good Friday Agreement.
  • Amendments proposed include 17, 18, 19, 6, and 3.
  • The amendments aim to enforce transparency, accountability, and the functioning of the Executive based on the New Decade, New Approach Deal.
  • Stringer's proposals seek to implement commitments made in previous agreements including the Belfast Agreement (1998), Hillsborough Agreement (2010), Stormont House Agreements (2014 and 2015).
  • Amendment 4 seeks to address the lack of a programme for government.
  • Clause 4 substitutes a revised ministerial code of conduct as per Executive Committee agreement.
  • Amendments 17, 18, and 19 aim to compel and encourage Ministers to implement future programmes for government and strengthen the code of conduct.
  • Amendment 6 relates to the three-meeting rule agreed in the Fresh Start agreement of 2015.
  • Currently, the rule is guidance rather than law.
  • The amendment aims to prevent papers from being blocked for considerable periods.
  • Amendment 15 proposes automatic resignation for Ministers found to have breached the Ministerial Code of Conduct through harassment, bullying or inappropriate/discriminatory behaviour.
  • Amendment 16 aims to ensure that Ministers cooperate with investigations and respect findings from the Commissioner for Standards.
  • The petition of concern is a significant issue for many political parties in Northern Ireland.
  • Deputy Speakers are not able to sign petitions of concern under New Decade, New Approach agreements.
  • There is debate over whether this agreement might deter individuals from becoming Deputy Speakers.
  • Amendment 12 seeks to specify the size, timescale, and terms of reference for a special committee.
  • The amendment would enable procedures to allow for subsection (5E) in relation to the report of any committee appointed under this section.
  • Gavin Robinson argues that the original intent of the petition of concern was not revisited between 1998 and 2018, making it inappropriate to impose new strictures now.
  • The amendments aim to correct an unintended consequence in drafting where a minimum period between voting and petitioning was mistakenly required.
  • Standing Orders will allow for the waiver of notice in exceptional circumstances as currently permitted.
  • There is emphasis on preserving the intended purpose of petitions of concern as outlined under the Good Friday agreement.
  • Amendment 9 relates to allowing petitioners to withdraw a petition of concern at any stage.
  • The Bill includes a 14-day consideration period after a petition is presented by 30 Members, as agreed in the NDNA deal.
  • The purpose of clause 5 is to reform petitions of concern and return them to their intended purpose.
  • The Bill is seen as excellent and should be implemented quickly.
  • There has been a delay of about two months after Royal Assent.
  • NDNA (New Decade, New Approach) was signed around 18 months ago.
  • The UK Government has released over £700 million out of £2 billion funding agreed in the NDNA deal.
  • Much of the financial commitment is front-loaded, with commitments continuing over a period of years.
  • The Northern Ireland Affairs Committee scrutinizes NDNA delivery closely and welcomes further discussions on implementation.
  • New clause 3 aims to restore the Good Friday Agreement provision for joint election of First Ministers.
  • Current law links the determination of First Minister and Deputy First Minister closely to designations, leading to polarisation.
  • The proposed amendment seeks representational support from a majority or significant percentages of members across different designations.
  • The SDLP has advocated adherence to the Good Friday agreement.
  • Joint election of First Ministers was a centrepiece of strand 1 in the Good Friday agreement.
  • Changes at St Andrews have privatised the election process for First Ministers.
  • New clause 3 aims to restore joint election mechanisms and remove the term 'Deputy'.
  • The Bill aims to legislate commitments made under the New Decade, New Approach deal.
  • A new clause seeks to restore the Good Friday Agreement provision for joint election of First Ministers by the Assembly.
  • The speaker emphasizes that unilaterally altering power-sharing principles could lead to political instability in Northern Ireland.
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